S-13
Third Session, Fortieth Parliament,
59-60 Elizabeth II, 2010-2011
SENATE OF CANADA
BILL S-13
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
AS PASSED
BY THE SENATEMARCH 10, 2011
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
AMENDMENTS TO THE ROYAL CANADIAN MOUNTED POLICE ACT
16-17.       Amendments
CONSEQUENTIAL AMENDMENTS
18.       Criminal Code
19-20.       Customs Act
21.       Export and Import Permits Act
COORDINATING AMENDMENTS
22.       Bill C-38
23.       Bills C-38 and C-43
COMING INTO FORCE
24.       Order in council
.vis1 {position: absolute;display:block;}
.vis2 {position: static;}
3rd Session, 40th Parliament,
59-60 Elizabeth II, 2010-2011
senate of canada
BILL S-13
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.
“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.
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 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 be appointed under subsection (1) only 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 be appointed under subsection (1) only 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.
R.S., c. R-10
AMENDMENTS TO THE ROYAL CANADIAN MOUNTED POLICE ACT
16. The Royal Canadian Mounted Police Act is amended by adding the following after section 45.47:
Keeping Canadians Safe (Protecting Borders) Act
Definitions
45.48 The following definitions apply in sections 45.49 to 45.51.
“Central Authority”« autorité centrale »
“Central Authority” means the Central Authority for Canada, as designated under section 5 of the Keeping Canadians Safe (Protecting Borders) Act.
“designated officer”« agent désigné »
“designated officer” has the same meaning as in section 2 of the Keeping Canadians Safe (Protecting Borders) Act.
“integrated cross-border operation”« opération intégrée transfrontalière »
“integrated cross-border operation” has the same meaning as in section 2 of the Keeping Canadians Safe (Protecting Borders) Act.
Complaints by public
45.49 (1) Any member of the public having a complaint concerning the conduct of a designated officer in the performance of any duty or function in the course of an integrated cross-border operation may, whether or not that member of the public is affected by the subject matter of the complaint, make a complaint to
(a) the Commission; or
(b) the provincial authority in the province in which the subject matter of the complaint arose that is responsible for the receipt and investigation of complaints by the public against police.
Acknowledgment of complaint
(2) Every complaint under subsection (1) shall be acknowledged in writing.
Notification — Central Authority and Commission
(3) The Central Authority shall be notified of every complaint made under subsection (1), and the Commission shall be notified of every complaint made under paragraph (1)(b).
Notification — designated officer
(4) On being notified of the complaint, the Central Authority shall notify, in writing, the designated officer whose conduct is the subject matter of the complaint of its substance unless, in the Central Authority’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.
Application of certain sections
45.5 (1) Sections 45.36 to 45.47 apply in respect of a complaint made under subsection 45.49(1), with the following modifications:
(a) a reference to the Commissioner is a reference to the Central Authority;
(b) a reference to a member or other person whose conduct is the subject matter of the complaint is a reference to a designated officer whose conduct is the subject matter of the complaint;
(c) a reference to subsection 45.35(1) is a reference to subsection 45.49(1);
(d) a reference, other than in paragraph 45.41(2)(b), to the Force is a reference to the person or persons designated for that purpose by the Central Authority; and
(e) the reference in paragraph 45.41(2)(b) to the Force is a reference to the Central Authority.
Joint investigation
(2) An investigation under paragraph 45.42(3)(c) may be carried out jointly with a body designated by the Commission Chairman.
Reports
(3) Reports referred to in section 45.4 and subsection 45.46(3) shall also be sent to the minister responsible for policing in the province where the conduct that is the subject matter of the complaint took place.
Annual report
45.51 The Commission Chairman shall send the report referred to in section 45.34 to the minister responsible for policing in each province where integrated cross-border operations took place during that year.
17. The Act is amended by adding the following after section 50:
Exception
50.1 Paragraph 50(a) does not apply to a designated officer within the meaning of section 45.48 who was appointed as a cross-border maritime law enforcement officer under subsection 8(1) of the Keeping Canadians Safe (Protecting Borders) Act.
CONSEQUENTIAL AMENDMENTS
R.S., c. C-46
Criminal Code
18. The definition “peace officer” in section 2 of the Criminal Code is amended by adding the following after paragraph (c):
(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)
19. Paragraphs 11(6)(a) and (b) of the Customs Act are replaced by the following:
(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
20. Paragraph 11.1(3)(a) of the Act is replaced by the following:
(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
21. 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:
(e.1) respecting conditions applicable to any exemption prescribed under paragraph (e); and
COORDINATING AMENDMENTS
Bill C-38
22. (1) Subsections (2) to (7) apply if Bill C-38, introduced in the 3rd session of the 40th Parliament and entitled the Ensuring the Effective Review of RCMP Civilian Complaints Act (in this section referred to as the “other Act”), receives royal assent.
(2) If section 8 of the other Act comes into force before section 16 of this Act, then that section 16 is replaced by the following:
16. The Royal Canadian Mounted Police Act is amended by adding the following after section 45.87:
PART VII.2
KEEPING CANADIANS SAFE (PROTECTING BORDERS) ACT
Interpretation
Definitions
45.88 The following definitions apply in this Part.
“Central Authority”« autorité centrale »
“Central Authority” means the Central Authority for Canada, as designated under section 5 of the Keeping Canadians Safe (Protecting Borders) Act.
“designated authority”« autorité désignée »
“designated authority” has the same meaning as in subsection 45.8(1).
“designated officer”« agent désigné »
“designated officer” has the same meaning as in section 2 of the Keeping Canadians Safe (Protecting Borders) Act.
“integrated cross-border operation”« opération intégrée transfrontalière »
“integrated cross-border operation” has the same meaning as in section 2 of the Keeping Canadians Safe (Protecting Borders) Act.
“investigative body”« organisme d’enquête »
“investigative body” has the same meaning as in subsection 45.8(1).
“serious incident”« incident grave »
“serious incident” means an incident in which the actions of a designated officer, or any person assisting a designated officer, in the performance of any duty or function in the course of an integrated cross-border operation
(a) may have resulted in serious injury to, or the death of, any person; or
(b) may have constituted an offence under federal or provincial law that any of the following persons decides would be in the public interest to be investigated:
(i) the Minister,
(ii) the Central Authority, or
(iii) the provincial minister who has primary responsibility for policing in the province in which the incident is alleged to have occurred.
“serious injury”« blessure grave »
“serious injury” has the same meaning as in subsection 45.8(1).
Investigation, Review and Hearing of Complaints
Complaints by public
45.89 (1) Any individual may make a complaint concerning the conduct of a designated officer in the performance of any duty or function in the course of an integrated cross-border operation.
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 it 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; or
(b) 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.
Communication
(7) As soon as possible after the provincial authority referred to in paragraph (5)(b) receives a complaint, it shall forward the complaint to the Commission.
Acknowledgement and notification
(8) As soon as possible after the Commission receives a complaint, it shall acknowledge the complaint in writing to the complainant and shall provide written notice of the complaint to the Central Authority.
Covert operations
(9) The Commission and the Central Authority 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. 
(10) If a complaint concerns the conduct of a designated officer, the Commission may conduct an investigation, review or hearing of that complaint jointly with an authority that is responsible for investigations, reviews or hearings with respect to complaints from the public against law enforcement officers in any relevant jurisdiction, whether in or outside Canada.
(11) The Minister may make regulations respecting investigations, reviews or hearings conducted jointly under subsection (10).
Application of certain provisions
45.9 Sections 45.52 to 45.56, 45.63 to 45.67, 45.71, 45.72 and 45.74 to 45.76 apply in respect of a complaint made under subsection 45.89(1), with the following modifications:
(a) a reference to the Commissioner is a reference to the Central Authority;
(b) a reference to a member or other person whose conduct is the subject matter of the complaint is a reference to a designated officer whose conduct is the subject matter of the complaint;
(c) a reference to section 45.51 is a reference to section 45.89;
(d) a reference to paragraph 45.51(2)(a), (b) or (c) is a reference to paragraph 45.89(2)(a), (b) or (c); and
(e) a reference to the Force is a reference to the person or persons designated for that purpose by the Central Authority.
Annual report
45.91 The Comission shall send the report referred to in subsection 45.5(1) to the minister responsible for policing in each province where integrated cross-border operations took place during that year.
Serious Incidents
Duty to consider investigative body
45.92 (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 Central Authority
(3) If the designated authority appoints an investigative body or police force to investigate the serious incident, the Central Authority shall, as soon as possible, refer the investigation of the serious incident to that investigative body or police force.
Request to police force
45.93 (1) If the designated authority for a province notifies the Central Authority that no investigative body or police force will be appointed to investigate the serious incident, the Central Authority shall, as soon as possible, request an investigative body or police force to investigate it having taken into account the available expertise and resources of that investigative body or police force.
Investigation by Central Authority
(2) If an investigative body or police force that receives a request under subsection (1) notifies the Central Authority that it will not investigate the serious incident and the Central Authority does not consider any other investigative body or police force to be appropriate to receive the request, the person or persons designated by the Central Authority shall investigate the serious incident.
Reasonable efforts
(3) The Central Authority 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 Central Authority shall provide the Chair of the Commission with a report outlining the efforts made under subsection (3).
Observer — investigation by police force
45.94 (1) If a police 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 — Central Authority
(2) If a person designated by the Central Authority investigates a serious incident, the Central Authority 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.
No observer appointed
(4) If no observer is appointed to an investigation of a serious incident, the Central Authority shall provide the Chair of the Commission with a report that sets out all measures that have been or will be taken 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 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
45.95 If an observer has concerns with the impartiality of an investigation, the observer may inform the Central Authority or the police force, as the case may be, of his or her concerns and may make any recommendations to the Central Authority or the police force that he or she considers appropriate to address the concerns.
Report
45.96 (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 Central Authority and, if the investigation was carried out by a police 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 Central Authority or, if the investigation was carried out by a police force, the chief of police of that force, shall provide to the Chair of the Commission a written response to the observer’s report that includes a description of what actions have or will be taken by the Central Authority 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 Central Authority or the 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.
General Provisions
Access to information — Commission
45.97 (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 Central Authority or a designated officer who is a member that the Commission considers is relevant to the exercise of its powers, or the performance of its duties and functions, under this Part.
Application of certain provisions
(2) Subsections 45.37(2) to (4) and sections 45.38 to 45.46 apply to information referred to in subsection (1), with the following modifications:
(a) a reference to the Commissioner is a reference to the Central Authority;
(b) a reference, other than in paragraphs 45.4(1)(d) and 45.44(1)(c), to the Force is a reference to the Central Authority or a designated officer who is a member;
(c) a reference in paragraph 45.4(1)(d) to the Force is a reference to a designated officer who is a member;
(d) a reference in paragraph 45.44(1)(c) to the Force is a reference to the Central Authority;
(e) a reference to Part VII is a reference to this Part; and
(f) references to a review under section 45.34 or 45.35 do not apply.
Information subject to privilege
45.98 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
45.99 The Minister may make regulations
(a) respecting the criteria and procedures for the appointment of an observer under subsection 45.94(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 Central Authority or the chief of police is to provide a response under subsection 45.96(2); and
(f) generally for carrying out the purposes and provisions of this Part.
(3) If section 16 of this Act comes into force before section 8 of the other Act, then, on the day on which that section 8 comes into force, the Royal Canadian Mounted Police Act is amended by adding the following after section 45.87:
PART VII.2
KEEPING CANADIANS SAFE (PROTECTING BORDERS) ACT
Interpretation
Definitions
45.88 The following definitions apply in this Part.
“Central Authority”« autorité centrale »
“Central Authority” means the Central Authority for Canada, as designated under section 5 of the Keeping Canadians Safe (Protecting Borders) Act.
“designated authority”« autorité désignée »
“designated authority” has the same meaning as in subsection 45.8(1).
“designated officer”« agent désigné »
“designated officer” has the same meaning as in section 2 of the Keeping Canadians Safe (Protecting Borders) Act.
“integrated cross-border operation”« opération intégrée transfrontalière »
“integrated cross-border operation” has the same meaning as in section 2 of the Keeping Canadians Safe (Protecting Borders) Act.
“investigative body”« organisme d’enquête »
“investigative body” has the same meaning as in subsection 45.8(1).
“serious incident”« incident grave »
“serious incident” means an incident in which the actions of a designated officer, or any person assisting a designated officer, in the performance of any duty or function in the course of an integrated cross-border operation
(a) may have resulted in serious injury to, or the death of, any person; or
(b) may have constituted an offence under federal or provincial law that any of the following persons decides would be in the public interest to be investigated:
(i) the Minister,
(ii) the Central Authority, or
(iii) the provincial minister who has primary responsibility for policing in the province in which the incident is alleged to have occurred.
“serious injury”« blessure grave »
“serious injury” has the same meaning as in subsection 45.8(1).
Investigation, Review and Hearing of Complaints
Complaints by public
45.89 (1) Any individual may make a complaint concerning the conduct of a designated officer in the performance of any duty or function in the course of an integrated cross-border operation.
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 it 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; or
(b) 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.
Communication
(7) As soon as possible after the provincial authority referred to in paragraph (5)(b) receives a complaint, it shall forward the complaint to the Commission.
Acknowledgement and notification
(8) As soon as possible after the Commission receives a complaint, it shall acknowledge the complaint in writing to the complainant and shall provide written notice of the complaint to the Central Authority.
Covert operations
(9) The Commission and the Central Authority 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.
(10) If a complaint concerns the conduct of a designated officer, the Commission may conduct an investigation, review or hearing of that complaint jointly with an authority that is responsible for investigations, reviews or hearings with respect to complaints from the public against law enforcement officers in any relevant jurisdiction, whether in or outside Canada.
(11) The Minister may make regulations respecting investigations, reviews or hearings conducted jointly under subsection (10).
Application of certain provisions
45.9 Sections 45.52 to 45.56, 45.63 to 45.67, 45.71, 45.72 and 45.74 to 45.76 apply in respect of a complaint made under subsection 45.89(1), with the following modifications:
(a) a reference to the Commissioner is a reference to the Central Authority;
(b) a reference to a member or other person whose conduct is the subject matter of the complaint is a reference to a designated officer whose conduct is the subject matter of the complaint;
(c) a reference to section 45.51 is a reference to section 45.89;
(d) a reference to paragraph 45.51(2)(a), (b) or (c) is a reference to paragraph 45.89(2)(a), (b) or (c); and
(e) a reference to the Force is a reference to the person or persons designated for that purpose by the Central Authority.
Annual report
45.91 The Comission shall send the report referred to in subsection 45.5(1) to the minister responsible for policing in each province where integrated cross-border operations took place during that year.
Serious Incidents
Duty to consider investigative body
45.92 (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 Central Authority
(3) If the designated authority appoints an investigative body or police force to investigate the serious incident, the Central Authority shall, as soon as possible, refer the investigation of the serious incident to that investigative body or police force.
Request to police force
45.93 (1) If the designated authority for a province notifies the Central Authority that no investigative body or police force will be appointed to investigate the serious incident, the Central Authority shall, as soon as possible, request an investigative body or police force to investigate it having taken into account the available expertise and resources of that investigative body or police force.
Investigation by Central Authority
(2) If an investigative body or police force that receives a request under subsection (1) notifies the Central Authority that it will not investigate the serious incident and the Central Authority does not consider any other investigative body or police force to be appropriate to receive the request, the person or persons designated by the Central Authority shall investigate the serious incident.
Reasonable efforts
(3) The Central Authority 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 Central Authority shall provide the Chair of the Commission with a report outlining the efforts made under subsection (3).
Observer — investigation by police force
45.94 (1) If a police 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 — Central Authority
(2) If a person designated by the Central Authority investigates a serious incident, the Central Authority 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.
No observer appointed
(4) If no observer is appointed to an investigation of a serious incident, the Central Authority shall provide the Chair of the Commission with a report that sets out all measures that have been or will be taken 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 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
45.95 If an observer has concerns with the impartiality of an investigation, the observer may inform the Central Authority or the police force, as the case may be, of his or her concerns and may make any recommendations to the Central Authority or the police force that he or she considers appropriate to address the concerns.
Report
45.96 (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 Central Authority and, if the investigation was carried out by a police 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 Central Authority or, if the investigation was carried out by a police force, the chief of police of that force, shall provide to the Chair of the Commission a written response to the observer’s report that includes a description of what actions have or will be taken by the Central Authority 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 Central Authority or the 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.
General Provisions
Access to information — Commission
45.97 (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 Central Authority or a designated officer who is a member that the Commission considers is relevant to the exercise of its powers, or the performance of its duties and functions, under this Part.
Application of certain provisions
(2) Subsections 45.37(2) to (4) and sections 45.38 to 45.46 apply to information referred to in subsection (1), with the following modifications:
(a) a reference to the Commissioner is a reference to the Central Authority;
(b) a reference, other than in paragraphs 45.4(1)(d) and 45.44(1)(c), to the Force is a reference to the Central Authority or a designated officer who is a member;
(c) a reference in paragraph 45.4(1)(d) to the Force is a reference to a designated officer who is a member;
(d) a reference in paragraph 45.44(1)(c) to the Force is a reference to the Central Authority;
(e) a reference to Part VII is a reference to this Part; and
(f) references to a review under section 45.34 or 45.35 do not apply.
Information subject to privilege
45.98 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
45.99 The Minister may make regulations
(a) respecting the criteria and procedures for the appointment of an observer under subsection 45.94(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 Central Authority or the chief of police is to provide a response under subsection 45.96(2); and
(f) generally for carrying out the purposes and provisions of this Part.
(4) If section 8 of the other Act comes into force on the same day as section 16 of this Act, then that section 16 is deemed to have come into force before that section 8 and subsection (3) applies as a consequence.
(5) If section 11 of the other Act comes into force before section 17 of this Act, then that section 17 is replaced by the following:
17. (1) Subparagraph 50(1)(d)(i) of the Act is replaced by the following:
(i) to injure the reputation of a member of a board of inquiry under Part I, the Committee under Part III, IV or V, an adjudication board under Part IV, a discharge and demotion board under Part V or the Commission under Part VII or VII.2 or a witness before any of those entities by exposing that member or witness to contempt, insult or ridicule, or
(2) Section 50 of the Act is amended by adding the following after subsection (1):
Exception
(1.1) Paragraph (1)(a) does not apply to a designated officer within the meaning of section 45.88 who was appointed as a cross-border maritime law enforcement officer under subsection 8(1) of the Keeping Canadians Safe (Protecting Borders) Act.
17.1 Paragraphs 50.1(1)(a) to (c) of the Act are replaced by the following:
(a) harass, intimidate or threaten a person in relation to a complaint made under Part VII or VII.2 or an observer appointed under section 45.83 or 45.94;
(b) wilfully obstruct a person who is carrying out any power, duty or function under Part VI, VII or VII.2 or an observer appointed under section 45.83 or 45.94 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 of a complaint made under Part VII or VII.2; or
(6) If section 17 of this Act comes into force before section 11 of the other Act, then, on the day on which that section 11 comes into force,
(a) subparagraph 50(1)(d)(i) of the Royal Canadian Mounted Police Act is replaced by the following:
(i) to injure the reputation of a member of a board of inquiry under Part I, the Committee under Part III, IV or V, an adjudication board under Part IV, a discharge and demotion board under Part V or the Commission under Part VII or VII.2 or a witness before any of those entities by exposing that member or witness to contempt, insult or ridicule, or
(b) section 50 of the Royal Canadian Mounted Police Act is amended by adding the following after subsection (1):
Exception
(1.1) Paragraph (1)(a) does not apply to a designated officer within the meaning of section 45.88 who was appointed as a cross-border maritime law enforcement officer under subsection 8(1) of the Keeping Canadians Safe (Protecting Borders) Act.
(c) paragraphs 50.1(1)(a) to (c) of the Royal Canadian Mounted Police Act are replaced by the following:
(a) harass, intimidate or threaten a person in relation to a complaint made under Part VII or VII.2 or an observer appointed under section 45.83 or 45.94;
(b) wilfully obstruct a person who is carrying out any power, duty or function under Part VI, VII or VII.2 or an observer appointed under section 45.83 or 45.94 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 of a complaint made under Part VII or VII.2; or
(7) If section 11 of the other Act comes into force on the same day as section 17 of this Act, then that section 17 is deemed to have come into force before that section 11 and subsection (6) applies as a consequence.
Bills C-38 and C-43
23. If Bill C-38, introduced in the 3rd session of the 40th Parliament and entitled the Ensuring the Effective Review of RCMP Civilian Complaints Act (in this section referred to as the “first Act”), and Bill C-43, introduced in the 3rd session of the 40th Parliament and entitled the Royal Canadian Mounted Police Modernization Act (in this section referred to as the “second Act”), receive royal assent, then, on the first day on which section 11 of the first Act, section 35 of the second Act and section 17 of this Act are all in force
(a) the effects produced by paragraph (b) prevail over any inconsistent effects that would otherwise be produced on the same day by
(i) subsection 60(22) of the second Act,
(ii) section 17, as enacted by subsection 22(5) of this Act, and
(iii) paragraphs 22(6)(a) and (b) of this Act; and
(b) section 50 of the Royal Canadian Mounted Police Act is replaced by the following:
Attendance of witnesses, etc.
50. (1) Every person is guilty of an offence punishable on summary conviction who
(a) on being duly summoned as a witness or otherwise under section 24.1 or Part VII or VII.2 makes default in attending;
(b) being in attendance as a witness in any proceeding under section 24.1 or Part VII or VII.2,
(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 and required to be produced by that person, or
(iii) refuses to answer any question that requires an answer;
(c) at any proceeding under section 24.1 or Part VII or VII.2, uses insulting or threatening language or causes any interference or disturbance; or
(d) prints observations or uses words
(i) that are likely to injure the reputation of a member of a board of inquiry appointed under section 24.1, the Commission or a witness in any proceedings before it by exposing that member or witness to contempt, insult or ridicule, or
(ii) that are designed to dissuade a witness in any proceeding under section 24.1 or Part VII or VII.2 from testifying.
Exception
(2) Paragraph (1)(a) does not apply to a designated officer within the meaning of section 45.88 who was appointed as a cross-border maritime law enforcement officer under subsection 8(1) of the Keeping Canadians Safe (Protecting Borders) Act.
Punishment
(3) 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.
COMING INTO FORCE
Order in council
24. The provisions of this Act, other than sections 22 and 23, come into force on a day or days to be fixed by order of the Governor in Council.
Published under authority of the Senate of CanadaAvailable from:Publishing and Depository ServicesPublic Works and Government Services Canada