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Enhancing Royal Canadian Mounted Police Accountability Act (S.C. 2013, c. 18)

Assented to 2013-06-19

 On the first day on which both subsection 2(6) of this Act is in force and subsection 78(2) or (3) of this Act has produced its effects, the definition “proceedings” in subsection 2(1) of the Royal Canadian Mounted Police Act is replaced by the following:

“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 or VII.2.

 On the first day on which both subsection 16(4) of this Act is in force and subsection 78(2) or (3) of this Act has produced its effects, paragraph 24.1(6)(d) of the Royal Canadian Mounted Police Act is replaced by the following:

  • (d) any answer or statement made in the course of attempting to informally dispose of or resolve a complaint made under Part VII or VII.2.

 On the first day on which both section 35 of this Act has come into force and subsection 78(2) or (3) of this Act has produced its effects, subsection 45.79(2) of the Royal Canadian Mounted Police Act is replaced by the following:

  • Marginal note:Designation

    (2) The lieutenant governor in council of a province may designate any person, body or authority as the designated authority for that province for the purposes of this Part and Part VII.2.

 On the first day on which both subsections 8(2) and (3) and 15(1) of this Act are all in force and subsection 78(2) or (3) of this Act has produced its effects,

  • (a) paragraph 45.9(j) of the Royal Canadian Mounted Police Act is replaced by the following:

    • (j) a reference to a member or other person appointed under the authority of Part I in paragraphs 45.4(1)(f) and 45.42(1)(a) and (c) is to be read as a reference to a designated officer who was appointed under paragraph 7(1)(a) of the Integrated Cross-border Law Enforcement Operations Act;

  • (b) paragraph 45.94(1)(c) of the Royal Canadian Mounted Police Act is replaced by the following:

    • (c) a reference to a member or other person appointed under Part I, other than in paragraph 45.53(8)(b), is to be read as a reference to a designated officer;

 On the first day on which both subsections 77(22) and 78(2) or (3) of this Act have produced their effects,

  • (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 or IV, a conduct board under Part IV 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) paragraphs 50.1(1)(a) to (d) of the Royal Canadian Mounted Police Act are replaced by the following:

    • (a) harass, intimidate or threaten any person with the intent to compel that other person to abstain from making a complaint under Part VII or VII.2;

    • (b) harass, intimidate or threaten

      • (i) an individual who makes a complaint under Part VII or VII.2,

      • (ii) an individual at whom the conduct that is the subject of a complaint made under any of those Parts was directed,

      • (iii) a person whom the person has reasonable grounds to believe will be questioned or summoned by the Commission when it deals with a complaint made under any of those Parts, or

      • (iv) a person who is carrying out any power, duty or function under any of Parts VI to VII.2;

    • (c) wilfully obstruct a person who is carrying out any power, duty or function under any of Parts VI to VII.2 or knowingly make any false or misleading statement or knowingly provide false or misleading information to that person;

    • (d) destroy, mutilate, alter, falsify or conceal a document or thing, or make a false document or thing, knowing that the document or thing is likely to be relevant to an investigation under Part IV or an investigation of, or hearing to inquire into, a complaint made under Part VII or VII.2 or to a review under any of those Parts; or

 On the first day on which both subsection 40(1) of this Act is in force and subsection 78(2) or (3) of this Act has produced its effects,

  • (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) paragraphs 50.1(1)(a) to (d) of the Royal Canadian Mounted Police Act are replaced by the following:

    • (a) harass, intimidate or threaten any person with the intent to compel that other person to abstain from making a complaint under Part VII or VII.2;

    • (b) harass, intimidate or threaten

      • (i) an individual who makes a complaint under Part VII or VII.2,

      • (ii) an individual at whom the conduct that is the subject of a complaint made under any of those Parts was directed,

      • (iii) a person whom the person has reasonable grounds to believe will be questioned or summoned by the Commission when it deals with a complaint made under any of those Parts, or

      • (iv) a person who is carrying out any power, duty or function under any of Parts VI to VII.2;

    • (c) wilfully obstruct a person who is carrying out any power, duty or function under any of Parts VI to VII.2, or knowingly make any false or misleading statement or knowingly provide false or misleading information to that person;

    • (d) destroy, mutilate, alter, falsify or conceal a document or thing, or make a false document or thing, knowing that the document or thing is likely to be relevant to an investigation of, or hearing to inquire into, a complaint made under Part VII or VII.2 or to a review under any of those Parts; or

 On the first day on which both section 45 of this Act is in force and subsection 78(2) or (3) of this Act has produced its effects, item 22 of the schedule to the Canada Evidence Act is replaced by the following:

  • 22. The Civilian Review and Complaints Commission for the Royal Canadian Mounted Police, for the purposes 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 or the Central Authority, as the case may be.

PART 2PERSONS DEEMED TO BE APPOINTED UNDER THE PUBLIC SERVICE EMPLOYMENT ACT

Marginal note:Publication of date
  •  (1) The Treasury Board may publish in the Canada Gazette a date on which every member, as defined in subsection 2(1) of the Royal Canadian Mounted Police Act, as that definition reads on that date, who does not form part of any category determined under section 20.1 of that Act is deemed, as of that date, to be a person appointed under the Public Service Employment Act.

  • Marginal note:Effect of publication

    (2) Every person who is a member, as defined in subsection 2(1) of the Royal Canadian Mounted Police Act, who does not form part of any category determined under section 20.1 of that Act ceases to be a member, as defined in that subsection 2(1), on the date published in the Canada Gazette under subsection (1).

  • Marginal note:Person not on probation

    (3) Section 61 of the Public Service Employment Act does not apply to a person to whom subsection (2) applies if the person was not on probation under the Royal Canadian Mounted Police Act immediately before the date published in the Canada Gazette under subsection (1).

  • Marginal note:Person on probation

    (4) Section 61 of the Public Service Employment Act applies to a person to whom subsection (2) applies if the person was on probation under the Royal Canadian Mounted Police Act immediately before the date published in the Canada Gazette under subsection (1), except that time the person is on probation under that section 61 is the time the person would be on probation under that section less any amount of time the person was on probation under the Royal Canadian Mounted Police Act immediately before that date.

PART 3COMING INTO FORCE

Marginal note:Order in council
  •  (1) Subject to subsections (2) to (4), the provisions of this Act, other than sections 12 and 67 to 86, come into force on a day or days to be fixed by order of the Governor in Council.

  • Marginal note:Subsections 8(2) and (3) and 15(1)

    (2) Subsections 8(2) and (3) and 15(1) come into force on the date on which persons cease to be members, as defined in subsection 2(1) of the Royal Canadian Mounted Police Act, by reason of subsection 86(2).

  • Marginal note:Order in council

    (3) Subsections 2(1), (4), (5) and (7) and 3(1) and (2), sections 4 to 7, subsections 8(1) and (4), sections 9 to 11, 13 and 14, subsections 15(2) and 16(3), sections 20 to 31, 33, 34 and 37 to 39, subsection 40(2) and sections 46 and 59 to 66 come into force on a day to be fixed by order of the Governor in Council.

  • Marginal note:Order in council

    (4) Subsections 2(2), (3) and (6), 3(3) and 16(1) and (2) and sections 32, 35, 42 to 45 and 47 to 58 come into force on a day to be fixed by order of the Governor in Council.

 
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