Enhancing Royal Canadian Mounted Police Accountability Act (S.C. 2013, c. 18)
Full Document:
Assented to 2013-06-19
Marginal note:R.S., c. 8 (2nd Supp.), s. 16
30. (1) Subsections 45.15(1) and (2) of the Act are replaced by the following:
Marginal note:Referral to Committee
45.15 (1) If an appeal relates to any of the following conduct measures, or to any finding that resulted in its imposition, the Commissioner, before considering the appeal, shall refer the case to the Committee:
(a) a financial penalty of more than one day of the member’s pay;
(b) a demotion;
(c) a direction to resign;
(d) a recommendation for dismissal; or
(e) a dismissal.
Marginal note:R.S., c. 8 (2nd Supp.), s. 16
(2) Subsection 45.15(4) of the Act is repealed.
Marginal note:R.S., c. 8 (2nd Supp.), s. 16; 1990, c. 8, s. 67; 2002, c. 8, par. 182(1)(z.9)
31. Sections 45.16 and 45.17 of the Act are replaced by the following:
Marginal note:Disposal of appeal against conduct board’s finding
45.16 (1) The Commissioner may dispose of an appeal in respect of a conduct board’s finding by
(a) dismissing the appeal and confirming the finding being appealed; or
(b) allowing the appeal and either ordering a new hearing into the allegation giving rise to the finding or making the finding that, in the Commissioner’s opinion, the conduct board should have made.
Marginal note:Disposal of appeal against conduct authority’s finding
(2) The Commissioner may dispose of an appeal in respect of a conduct authority’s finding by
(a) dismissing the appeal and confirming the finding being appealed; or
(b) allowing the appeal and making the finding that, in the Commissioner’s opinion, the conduct authority should have made.
Marginal note:Disposal of appeal against conduct measure
(3) The Commissioner may dispose of an appeal in respect of a conduct measure imposed by a conduct board or a conduct authority by
(a) dismissing the appeal and confirming the conduct measure; or
(b) allowing the appeal and either rescinding the conduct measure or, subject to subsection (4) or (5), imposing another conduct measure.
Marginal note:Restriction
(4) If the appeal is in respect of a conduct measure imposed by a conduct authority, the Commissioner may only impose under paragraph (3)(b) a conduct measure that is provided for in the rules.
Marginal note:Clarification
(5) If the appeal is in respect of a conduct measure imposed by a conduct board, the Commissioner may impose any conduct measure under paragraph (3)(b) that the conduct board could have imposed, including the power to recommend dismissal from the Force, if the member is a Deputy Commissioner, or dismissal from the Force, if the member is not a Deputy Commissioner.
Marginal note:New hearing
(6) If the Commissioner orders a new hearing into an allegation under subsection (1), a conduct board shall be appointed in accordance with this Part to conduct the hearing and the new hearing shall be held in accordance with this Part as if it were the first hearing into that allegation.
Marginal note:Decision
(7) The Commissioner shall as soon as feasible render a decision in writing on an appeal, including reasons for the decision.
Marginal note:Committee’s or Committee Chairperson’s report
(8) If a case has been referred to the Committee under section 45.15, the Commissioner shall take into consideration the findings or recommendations set out in the report of the Committee or the Committee Chairperson in respect of the case, but the Commissioner is not bound to act on any findings or recommendations set out in the report. However, if the Commissioner does not so act, the Commissioner shall include in the decision on the appeal the reasons for not so acting.
Marginal note:Commissioner’s decision final
(9) A Commissioner’s decision on an appeal is final and binding.
Marginal note:Rescission or amendment of decision
(10) Despite subsection (9), the Commissioner may rescind or amend the Commissioner’s decision on an appeal under section 45.11 on the presentation to the Commissioner of new facts or if, with respect to the finding of any fact or the interpretation of any law, the Commissioner determines that an error was made in reaching the decision.
Marginal note:Delegation
(11) The Commissioner may delegate any of the Commissioner’s powers, duties or functions under this section to any person under the Commissioner’s jurisdiction.
Marginal note:Sub-delegation
(12) A person to whom powers, duties or functions are delegated under subsection (11) may not sub-delegate any of them.
Marginal note:Recommendation for Deputy Commissioner’s dismissal
45.17 If a conduct board recommends under paragraph 45(4)(a) that a Deputy Commissioner is to be dismissed from the Force, the recommendation is not to be forwarded to the Governor in Council until the expiry of the time within which an appeal may be made under subsection 45.11(1). If an appeal is made, the recommendation is to be forwarded only if the appeal is dismissed.
32. The Act is amended by adding the following after section 45.17:
Notice
Marginal note:Notice to complainant and Commission
45.171 If an individual makes a complaint under subsection 45.53(1) in respect of any conduct by a member that is also an alleged contravention of a provision of the Code of Conduct, the individual and the Commission are to be notified, as soon as feasible after a final decision is made under this Part in respect of the alleged contravention or the time for appealing any decision under this Part has expired, of the decision and what informal disciplinary actions, if any, have been taken or what sanctions, if any, have been imposed against the member.
Marginal note:Notice to person making representations
45.172 If representations have been received by the Force from a person who was given an opportunity to do so under subsection 45.57(1) in respect of an alleged contravention of a provision of the Code of Conduct by a member, the person is to be notified, as soon as feasible after a final decision is made under this Part in respect of the alleged contravention or the time for appealing any decision under this Part has expired, of the decision and of what informal disciplinary actions, if any have been taken, or what sanctions if any, have been imposed against the member.
Marginal note:Notice to Chairperson
45.173 If the Chairperson of the Commission initiates a complaint under subsection 45.59(1) in respect of any conduct by a member that is also an alleged contravention of a provision of the Code of Conduct, the Chairperson of the Commission is to be notified, as soon as feasible after a final decision is made under this Part in respect of the alleged contravention or the time for appealing any decision under this Part has expired, of the decision and what informal disciplinary actions, if any have been taken, or what sanctions if any, have been imposed against the member.
Marginal note:R.S., c. 8 (2nd Supp.), s. 16; 1990, c. 8, s. 68; 1993, c. 34, s. 111(F); 2002, c. 8, par. 182(1)(z.9)
33. Part V of the Act is repealed.
Marginal note:R.S., c. 8 (2nd Supp.), s. 16
34. (1) Subsection 45.45(7) of the Act is replaced by the following:
Marginal note:Right to be represented
(7) In addition to the rights conferred by subsections (5) and (6), the officer designated by the Commissioner for the purposes of this Part may be represented or assisted at a hearing by any other member.
Marginal note:R.S., c. 8 (2nd Supp.), s. 16
(2) Paragraph 45.45(8)(b) of the Act is replaced by the following:
(b) any answer or statement made in response to a question described in subsection 24.1(7), 35(8), 40(2) or 45.1(5);
Marginal note:R.S., c. 8 (2nd Supp.), s. 16
(3) Subsection 45.45(15) of the Act is replaced by the following:
Definition of “parties”
(15) In this section and section 45.46, “parties” means the officer designated by the Commissioner for the purposes of this Part, the member or other person whose conduct is the subject matter of a complaint and, in the case of a complaint under subsection 45.35(1), the complainant.
Marginal note:R.S., c. 8 (2nd Supp.), s. 16; 1996, c. 15, ss. 22 and 23; 2003, c. 22, s. 217(E)
35. Parts VI and VII of the Act are replaced by the following:
PART VICIVILIAN REVIEW AND COMPLAINTS COMMISSION FOR THE ROYAL CANADIAN MOUNTED POLICE
Establishment and Organization
Marginal note:Establishment
45.29 (1) The Civilian Review and Complaints Commission for the Royal Canadian Mounted Police is established, consisting of a Chairperson and not more than four other members, one of whom may be a Vice-chairperson, appointed by the Governor in Council.
Marginal note:Ineligibility
(2) A person is not eligible to be a member of the Commission if that person
(a) is a member or former member; 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.
Marginal note: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.
Marginal note:Reappointment
(4) A member of the Commission is eligible for reappointment on the expiry of that member’s term of office.
Marginal note:Full- or part-time
45.3 (1) The Chairperson is a full-time member of the Commission. The other members may be appointed as full-time or part-time members of the Commission.
Marginal note:Tenure
(2) Each member of the Commission holds office during good behaviour for a term of not more than five years but may be removed for cause at any time by the Governor in Council.
Marginal note:Remuneration
(3) Members of the Commission are to be paid the remuneration that is to be determined by the Governor in Council.
Marginal note:Travel, living and other expenses
(4) 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.
Marginal note:Application of Public Service Superannuation Act
(5) 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.
Marginal note:Application of other Acts
(6) Members of the Commission are deemed 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.
Marginal note:Chairperson
45.31 (1) The Chairperson is the chief executive officer of the Commission and has supervision over and direction of the work and staff of the Commission.
Marginal note:Delegation
(2) The Chairperson may delegate to the Vice-chairperson or, if the office of Vice-chairperson is vacant, to any other member of the Commission any of the Chairperson’s powers, duties and functions under this Act, except the power to delegate under this subsection and the powers, duties and functions under subsections 45.4(5), 45.41(10), 45.47(2) and 45.85(3).
Marginal note:Absence or incapacity
(3) In the event of the absence or incapacity of the Chairperson or if the office of Chairperson is vacant, the Vice-chairperson has all the powers, duties and functions of the Chairperson. In the event of the absence or incapacity of the Vice-chairperson or if the office of Vice-chairperson is vacant, the Minister may authorize another member of the Commission to exercise the powers and perform the duties and functions of the Chairperson, but a member of the Commission so authorized is not entitled to act as Chairperson for more than 90 days without the approval of the Governor in Council.
Marginal note:Head office
45.32 (1) The head office of the Commission shall be in Ottawa.
Marginal note:Regional offices
(2) The Commission may establish an office in any region of Canada.
Marginal note: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.
Marginal note:Technical assistance
(4) The Commission may, with the approval of the Treasury Board,
(a) engage, on a temporary basis, the services of persons having technical or specialized knowledge of any matter relating to the work of the Commission to advise and assist the Commission in the exercise or performance of its powers, duties and functions under this Act; and
(b) fix and pay the remuneration and expenses of persons engaged under paragraph (a).
Powers, Duties and Functions
Marginal note:Powers, duties and functions of Commission
45.33 The Commission shall exercise or perform the powers, duties and functions that are assigned to it by this Act.
Marginal note: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.
Marginal note: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.
Marginal note: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.
Marginal note:Policies, procedures and guidelines
(4) The Commission shall include in the report any findings 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.
Marginal note:Copy of report to provincial ministers
(5) The Commission may provide a copy of the report to the provincial minister who has the primary responsibility for policing in any province in respect of which there is an arrangement between the government of the province and the Minister under section 20.
Marginal note: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 the 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.
Marginal note:Report
(2) If the Commission conducts a review under this section, it shall provide the Minister, the provincial minister who asked for the review 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 the primary responsibility for policing in a province.
Marginal note:Findings and recommendations
(3) The Commission shall include in its report any findings 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.
Marginal note:Powers
45.36 (1) The Commission has, when conducting a review under section 45.34 or 45.35, all of the powers of the Commission under paragraphs 45.65(1)(a) to (d).
Marginal note:Application
(2) Subsections 45.65(2) to (6) apply, with any necessary modifications, to the exercise of the powers by the Commission under subsection (1).
Marginal note:Service standards respecting time limits
45.37 The Commission shall establish, and make public, service standards respecting the time limits within which it is to deal with complaints and specifying the circumstances under which those time limits do not apply or the circumstances under which they may be extended.
Marginal note:Education and information
45.38 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
Marginal note:Right of access
45.39 (1) Subject to sections 45.4 and 45.42, 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 Parts VI and VII.
Marginal note:Access to records
(2) The entitlement to access 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.
Marginal note: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 45.4(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.
Marginal note:Application
(4) Except as provided by any other Act of Parliament that expressly refers to this section, this section applies despite any other Act of Parliament.
Definition of “privileged information”
45.4 (1) In this section and sections 45.41 to 45.48, “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 legal counsel and their client or that is subject to informer privilege;
(b) information that reveals or from which may be inferred the location or a change of identity of a protectee within the meaning of section 2 of the Witness Protection Program Act or a former protectee;
(c) information that compromises the integrity of the program established under section 4 of the Witness Protection Program Act, including certain information about the means or methods used in that program and information about the identity and role of a person who provides or, directly or indirectly, assists in providing protection under that program;
(d) special operational information as defined in subsection 8(1) of the Security of Information Act;
(e) information or intelligence that is 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 and that is in relation to, or is received from, any police force or Interpol or other similar international police organization; and
(f) medical information about a member or other person appointed or employed under the authority of Part I.
Marginal note:Access to privileged information
(2) Despite any privilege that exists and may be claimed, the Commission is entitled to have 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.
Marginal note:Access to records
(3) The entitlement to access 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.
Marginal note:Refusal and reasons
(4) If the Commissioner refuses access to privileged information sought by the Commission under this section, the Commissioner shall, without disclosing the privileged information,
(a) indicate to the Commission why the privileged information is not relevant or necessary to the matter before the Commission; and
(b) provide the Commission with information about the nature and date of the privileged information.
Marginal note:Memorandum of understanding
(5) The Chairperson and the Commissioner may enter into a memorandum of understanding setting out principles and procedures respecting access to privileged information under this section and principles and procedures to protect that information.
Marginal note:Regulations
(6) The Governor in Council may make regulations respecting procedures that govern the Commission’s access to privileged information under this section and procedures to protect that information.
Marginal note:Application
(7) Except as provided by any other Act of Parliament that expressly refers to this section, this section, or any regulation made under subsection (6), applies despite any other Act of Parliament.
Marginal note:Former judge or other individual
45.41 (1) If the Commissioner refuses access to privileged information sought by the Commission under subsection 45.4(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 45.45(1)(a).
Marginal note:Notice of appointment
(2) The Minister shall provide notice to the Chairperson and the Commissioner when a former judge or other individual has been appointed in accordance with subsection (1). The Chairperson and the Commissioner shall make their representations to the former judge or other individual within 30 days after the day on which the notice is sent or within any longer period, not exceeding 60 days, that the former judge or other individual may permit.
Marginal note: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.
Marginal note:Observations
(4) The former judge or other individual shall review the privileged information and provide his or her observations to the Chairperson 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.
Marginal note: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).
Marginal note: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;
(b) the Commissioner’s reasons for refusing access to the information; and
(c) whether the Commission can properly exercise its powers or perform its duties and functions without access to the information.
Marginal note:Time limit
(7) The observations of the former judge or other individual shall be made within 30 days after the day on which the period referred to in subsection (2) expires or within any longer period, not exceeding 60 days, that the Minister permits.
Marginal note: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.
Marginal note:Immunity and no summons
(9) Section 45.5 applies to the former judge or other individual as if he or she were a member of the Commission.
Marginal note:Observations to be taken into account
(10) After receiving the observations of the former judge or other individual, the Chairperson shall review the Commission’s decision to seek access and the Commissioner shall review his or her decision to refuse access, taking those observations into account.
Marginal note:Restriction
(11) An application for judicial review shall not 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.
Marginal note:Regulations
(12) The Governor in Council may, by regulation, prescribe categories of individuals for the purposes of subsection (1).
Marginal note:Exceptions
45.42 (1) Despite section 45.4, 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 Part I 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 legal counsel and their client and that relates to the provision of advice to a member or other person appointed or employed under the authority of Part I when the privilege may be claimed by the member or other person and not the Force;
(d) information that is protected by the privilege that exists between legal counsel and their client when the privilege may be claimed by the Force and that relates to the Force’s 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 relating to the way in which the Force should conduct itself in regard to the Commission; and
(e) any report prepared for the Commissioner in respect of a meeting held or to be held between the Commission and the Force and containing analysis or advice relating to the meeting.
Marginal note:Exception — 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.
Marginal note:Use of privileged information
45.43 If the Commission obtains access to privileged information in respect of a matter under subsection 45.4(2), the Commission may use that information only in respect of that matter.
Marginal note:Protection of information
45.44 (1) The Commission may, by regulation, establish measures to protect the information under its control or in its possession.
Marginal note:Consultation and approval
(2) Subject to subsection 45.47(2), if the Commission obtains access to information referred to in subsection 45.39(3) or to privileged information from the Force, no member, officer or employee of the Commission and no other person acting on its behalf shall distribute any report or other document that contains or discloses the information or any part of it without having first obtained the approval of the Commissioner.
Marginal note:Time limit
(3) The Commissioner shall indicate whether he or she approves the distribution of a report or other document under subsection (2) as soon as feasible after being consulted under that subsection.
Marginal note:Regulations
(4) The Governor in Council may make regulations respecting measures to protect the information under the control, or in the possession, of the Commission.
Marginal note: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.
Marginal note:Duty to comply with regulations
(6) Subject to subsection (5), 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).
Marginal note:Security requirements
45.45 (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 45.41(1) shall
(a) obtain and maintain the necessary security 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.
Marginal note:Regulations
(2) The Governor in Council may, by regulation, prescribe the oath of secrecy referred to in paragraph (1)(a).
Marginal note:Safeguards — third party
45.46 (1) The Commission shall not disclose information referred to in subsection 45.39(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;
(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 45.45; 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.
Marginal note:Time limit
(2) When the Commission indicates to the Commissioner that it wishes to disclose information referred to in subsection 45.39(3) to a person or entity other than a member, employee or officer of the Commission or a person acting on its behalf, the Commissioner shall, as soon as feasible, indicate to the Commission whether he or she is satisfied that the person or entity has met the requirements of paragraphs (1)(a) and (b) and has agreed to the measures referred to in paragraph (1)(c).
Marginal note:Regulations
(3) The Governor in Council may make regulations respecting the disclosure by the Commission of information referred to in subsection 45.39(3) to persons or entities other than a member, employee or officer of the Commission or a person acting on its behalf and the measures that the persons or entities receiving the information are to take to protect the information.
Marginal note:Duties to comply
(4) Every person who has received information under this section shall comply with the regulations made under subsection (3).
Marginal note:Disclosure by Commission prohibited
45.47 (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 45.4(2) or being reckless as to whether the information is such privileged information.
Marginal note:Authorized disclosure
(2) Every person who is otherwise prohibited from disclosing privileged information under subsection (1) may, if authorized by the Chairperson, disclose that information
(a) to the Attorney General of Canada or of a province if, in the opinion of the Chairperson, 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 45.52;
(c) to the Commissioner if, in the opinion of the Chairperson, the information is required for the purpose of enabling the Commissioner to exercise his or her powers or perform his or her duties and functions under this Act; and
(d) to a former judge or other individual for the purposes of section 45.41.
Marginal note:Disclosure of privileged information — proceedings
(3) A member, officer or employee of the Commission or other person acting on its behalf shall not be required, in connection with any criminal, civil or administrative action or proceeding, to give or produce evidence relating to privileged information to which he or she had access under subsection 45.4(2).
Marginal note: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.
Marginal note: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.
Marginal note:Disclosure by former judge or other individual prohibited
45.48 A former judge or other individual appointed under subsection 45.41(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 45.41(3) or being reckless as to whether the information is such privileged information.
Rules
Marginal note:Rules
45.49 (1) Subject to the provisions of this Act and the regulations, the Commission may make rules respecting
(a) the sittings of the Commission;
(b) the fixing of the quorum for the performance of its duties and functions;
(c) the manner of dealing with matters and business before the Commission generally, including the practice and procedure before the Commission;
(d) the apportionment of the Commission’s work among its members; and
(e) the performance of the duties and functions of the Commission under this Act generally.
Marginal note: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.
Marginal note: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.
Immunity
Marginal note:Protection
45.5 (1) No criminal, civil or administrative action or proceeding lies 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 or the Chairperson under this Act.
Marginal note: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 competent or 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 or the Chairperson, 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 132 or 136 of the Criminal Code.
Reporting
Marginal note:Special reports
45.51 (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.
Marginal note:Exemption
(2) When the Commission provides the report to the Minister, section 45.43 and subsection 45.44(2) do not apply in respect of any information referred to in subsection 45.39(3) or to privileged information, as defined in subsection 45.4(1), set out in the report.
Marginal note:Annual report
45.52 (1) The Chairperson 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 on any of the first 15 days on which that House is sitting after the day on which the Minister receives the report.
Marginal note: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 the 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. The Commission shall submit a copy of that report to the Minister and the Commissioner.
Marginal note:Performance in relation to time limits
(3) Every report must contain information respecting the Commission’s performance in relation to the service standards established under section 45.37.
PART VIIINVESTIGATION, REVIEW AND HEARING OF COMPLAINTS
Complaints
Marginal note:Complaints
45.53 (1) Any individual may make a complaint concerning 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.
Marginal note:Commission’s discretion
(2) The Commission may refuse to deal with the complaint if, in the Commission’s opinion, the complaint
(a) has been adequately dealt with, or could more appropriately be dealt with, 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.
Marginal note:Complaints involving decisions made under Part IV
(3) The Commission shall refuse to deal with a complaint concerning any decision under Part IV.
Marginal note:Complaint by members or certain other persons
(4) The Commission shall refuse to deal with a complaint made under subsection (1) by a member or other person appointed or employed under Part I if the complaint has been or could have been adequately dealt with, or could more appropriately be dealt with, according to a procedure provided for under this Act or any other Act of Parliament.
Marginal note:Time limit
(5) The complaint shall be made within one year after the day on which the conduct is alleged to have occurred or any longer period permitted under subsection (6).
Marginal note:Extension of time limit
(6) The Commission or the Commissioner may extend the time limit for making a complaint if the Commission or the Commissioner, as the case may be, is of the opinion that there are good reasons for doing so and that it is not contrary to the public interest.
Marginal note:Notice
(7) If a complaint is made more than one year after the day on which the conduct is alleged to have occurred and the Commissioner does not extend the time limit for the making of the complaint, the Commissioner shall so notify the complainant and the Commission.
Marginal note:Reception of complaint
(8) 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 against police in the province in which the subject matter of the complaint arose.
Marginal note:Assistance
(9) 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.
Marginal note:Acknowledgement and notification
(10) As soon as feasible after a person or entity referred to in subsection (8) 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 (8)(a) and (c).
Marginal note:Covert operations
(11) The Commission and the Force are authorized to acknowledge a complaint or otherwise deal with a complainant 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.
Marginal note:Notice
45.54 As soon as feasible 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 compromise or hinder any investigation that is being or may be carried out in respect of the complaint.
Withdrawal of Complaints
Marginal note:Withdrawal
45.55 (1) A complainant may withdraw a complaint at any time by sending a written notice to the Commission.
Marginal note:Assistance
(2) The Commission shall, on the request of an individual who wishes to withdraw a complaint, arrange for the provision of assistance to that individual in withdrawing the complaint.
Marginal note:Notice of withdrawal
(3) As soon as feasible 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 against police in the province in which the subject matter of the complaint arose.
Marginal note:Notice to member or other person
(4) When the Commissioner receives a notice under subsection (3), he or she shall notify in writing the member or other person whose conduct is the subject matter of the complaint that the complaint has been withdrawn.
Marginal note:Investigation or hearing into withdrawn complaint
(5) Despite the withdrawal of the complaint, the complaint may be the subject of an investigation, review or hearing conducted under this Part.
Marginal note:Preservation of evidence
(6) The Commissioner shall ensure the protection and preservation of any evidence relating to a withdrawn complaint.
Marginal note:Regulations
(7) The Governor in Council may make regulations respecting the period during which the evidence is to be protected and preserved.
Informal Resolution
Marginal note:Informal resolution
45.56 (1) As soon as feasible after being notified of a complaint, the Commissioner shall consider whether the complaint can be resolved 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 resolve it informally.
Marginal note:Inadmissibility
(2) An answer or statement made in the course of attempting to resolve 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 132 or 136 of the Criminal Code; or
(b) a civil or administrative proceeding regarding an allegation that with intent to mislead the witness gave the answer or statement knowing it to be false.
Marginal note:Agreement to informal resolution in writing
(3) The terms of every informal resolution of a complaint as well as the agreement of the complainant and the member or other person whose conduct is the subject matter of the complaint to those terms shall be signified in writing. A copy of everything so signified in writing is to be provided to the Commission.
Marginal note:Regulations
(4) The Governor in Council may make regulations prescribing the categories of complaints that are not to be resolved informally by the Commissioner.
Marginal note:Clarification
(5) For greater certainty, nothing in this section prevents the Commission from informally resolving a complaint of which it is seized.
Representations
Marginal note:Right to make representations
45.57 (1) If a complaint is made under this Part with respect to the conduct of a member or other person, the following persons shall be given an opportunity to make representations with respect to that conduct’s impact 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 individual at whom the conduct was directed.
Marginal note:Disclosure and use
(2) Representations, including any personal information contained in them, received by the Commission in relation to the complaint shall be disclosed as soon as feasible to the Force and those representations shall be taken into account by
(a) an officer or member in command of a detachment in determining the informal disciplinary action to be taken under section 41; and
(b) an adjudication board in determining the sanction to be imposed under subsection 45.12(3) or (4).
Marginal note:Regulations
(3) The Governor in Council may make regulations respecting the making of representations under subsection (1).
Marginal note:Records of complaints
45.58 (1) The Commissioner and the Commission shall establish and maintain a record of all complaints they receive under this Part, including those that are resolved informally and those that are withdrawn by the complainant.
Marginal note:Making record available
(2) Subject to sections 45.4 and 45.42, the Commissioner shall, on request, make available to the Commission any information contained in a record maintained by the Commissioner under subsection (1).
Chairperson-initiated Complaints
Marginal note:Complaints initiated by Chairperson
45.59 (1) If the Chairperson 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 Chairperson may initiate a complaint in relation to that conduct.
Marginal note:Chairperson 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 Chairperson.
Marginal note:Notice to Commissioner and Minister
(3) The Chairperson shall notify the Minister and the Commissioner of any complaint initiated under subsection (1).
Marginal note: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 compromise or hinder any investigation that is being or may be carried out in respect of the complaint.
Investigation of Complaints by the Force
Marginal note:Investigation by the Force
45.6 (1) Subject to subsection (2) and section 45.61, the Force shall investigate, in accordance with the rules made under section 45.62, any complaint made under this Part.
Marginal note:Restriction on power to investigate
(2) The Force shall 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.
Marginal note:Right to refuse or terminate investigation
45.61 (1) The Commissioner may direct the Force to not commence or continue an investigation of a complaint, other than a complaint initiated under subsection 45.59(1), if, in the Commissioner’s opinion,
(a) any of the reasons for which the Commission may refuse to deal with a complaint under paragraph 45.53(2)(a), (b) or (c) or subsection 45.53(3) applies; or
(b) having regard to all the circumstances, it is not necessary or reasonably practicable to commence or continue an investigation of the complaint.
Marginal note:Duty to refuse or terminate investigation
(2) The Commissioner shall direct the Force to not commence or continue an investigation of a complaint by a member or other person appointed or employed under Part I if the complaint has been or could have been adequately dealt with, or could more appropriately be dealt with, according to a procedure provided for under this Act or any other Act of Parliament.
Marginal note:Notice to complainant and member
(3) 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 complainant’s right 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.
Marginal note:Notice to the Commission
(4) The Commissioner shall notify the Commission of any action he or she takes under this section.
Marginal note:Rules
45.62 The Commissioner may make rules governing the procedures to be followed by the Force in notifying persons under this Part and in investigating, disposing of or otherwise dealing with complaints under this Part.
Marginal note:Updates with respect to the investigation
45.63 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 compromise or hinder any investigation that is being or may be carried out in respect of the complaint.
Marginal note:Report
45.64 As soon as feasible after the investigation of a complaint is completed, the Commissioner shall prepare and send to the complainant, the member or other person whose conduct is the subject matter of the complaint and the Commission 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 disposition of the complaint; and
(d) the complainant’s right 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
Marginal note:Powers
45.65 (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.
Marginal note:No excuse
(2) No witness shall be excused from answering any question or producing any document or thing, when compelled to do so by the Commission, on the grounds that the answer or statement made in response to the question, or the document or thing given by the witness, may tend to criminate him or her or subject him or her to any criminal, civil or administrative action or proceeding.
Marginal note:Inadmissibility
(3) Evidence given, or a document or thing produced, by a witness who is compelled by the Commission to give or produce it, and any evidence derived from it, may be used or received against the witness only in
(a) a prosecution under section 132 or 136 of the Criminal Code; or
(b) a civil or administrative proceeding in respect of an allegation that, with intent to mislead, the witness gave the answer or statement knowing it to be false.
Marginal note:Restriction
(4) Despite subsection (1), the Commission shall 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 45.56.
Marginal note:Restriction
(5) Despite paragraph (1)(a), the Commission shall not enforce the production of written evidence or any document or thing to which the Commission has a right of access under subsection 45.4(2).
Marginal note:Witness fees
(6) Any witness, 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 witnesses summoned to attend before the Federal Court.
Investigation by the Commission
Marginal note:Complaints
45.66 (1) After receiving or being notified of a complaint made under this Part, the Commission shall investigate the complaint or institute a hearing to inquire into the complaint if the Chairperson is of the opinion that it would be in the public interest for the Commission to do so.
Marginal note:Notice to Commissioner and Minister
(2) The Commission shall notify the Minister and the Commissioner of any investigation or hearing initiated under this section.
Marginal note:Right to terminate investigation
45.67 (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 45.53(2)(a), (b) or (c) applies; or
(b) having regard to all the circumstances, it is not necessary or reasonably practicable to continue to investigate the complaint.
Marginal note:Obligation to discontinue investigation
(2) The Commission shall discontinue an investigation of a complaint if subsection 45.53(3) or (4) applies.
Marginal note:Notice to the Commissioner and complainant
(3) If the Commission discontinues an investigation of a complaint, the Commission shall give notice in writing of the discontinuance and the reasons for it to the complainant and the Commissioner.
Marginal note:Notice to member and other persons
(4) After receiving the notice, the Commissioner shall notify the member or other person whose conduct is the subject matter of the complaint of the discontinuance of the investigation of the complaint.
Marginal note:Consolidation of complaints
45.68 The Commission may, if in its opinion it is appropriate to do so, merge two or more complaints for the purposes of an investigation, review or hearing.
Marginal note:Updates with respect to investigation
45.69 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 compromise or hinder any investigation that is being or may be carried out in respect of the complaint.
Referral of Complaints to Commission
Marginal note:Referral to Commission
45.7 (1) A complainant who is not satisfied with a decision under section 45.61 or a report under section 45.64 may, within 60 days after being notified of the decision or receiving the report, refer the complaint in writing to the Commission for review.
Marginal note:Extension of time limit
(2) The Commission may extend the time limit for referring a complaint to the Commission for review 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.
Marginal note:Material to be provided
(3) If a complainant refers a complaint to the Commission under subsection (1),
(a) the Commission shall notify the Commissioner that the complaint has been referred to the Commission; and
(b) the Commissioner shall provide the Commission with a copy of the notice given under subsection 45.61(3) or the report sent under section 45.64.
Marginal note:Review by Commission
45.71 (1) The Commission shall review every complaint referred to it under section 45.7.
Marginal note: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 complainant and the member or other person whose conduct is the subject matter of the complaint.
Marginal note: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 findings 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.
Marginal note:Commissioner’s response
45.72 (1) The Commissioner shall, as soon as feasible after receiving a report referred to in paragraph 45.71(3)(a), provide the Commission 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 findings or recommendations set out in the report, the Commissioner shall include in the response the reasons for not so acting.
Marginal note:Commission’s final report
(2) After considering the Commissioner’s response under subsection (1), the Commission shall prepare a final report in writing setting out any findings 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 the primary responsibility for policing in the province in which the conduct complained of occurred.
Hearings
Marginal note:Hearing
45.73 (1) If the Commission decides, under section 45.66 or paragraph 45.71(3)(c), to institute a hearing to inquire into a complaint, the Chairperson shall assign one or more members of the Commission to conduct the hearing and shall send a notice in writing of the decision to the Minister, the Commissioner, the complainant and the member or other person whose conduct is the subject matter of the complaint.
Marginal note:Deeming
(2) For the purposes of this section, the member or members of the Commission who are conducting the hearing are deemed to be the Commission.
Meaning of “parties”
(3) In this section, “parties” means the appropriate officer, the member or other person whose conduct is the subject matter of the complaint and the complainant.
Marginal note:Notice
(4) The Commission shall serve a notice in writing of the time and place set for the hearing on the parties.
Marginal note:Sittings of Commission
(5) The Commission may sit at any place in Canada and at any time that may be fixed by the Commission, taking into account the convenience of the parties who wish to appear before the Commission.
Marginal note:Hearings in public
(6) A hearing to inquire into a complaint shall be held in public but the Commission, on its own initiative or at the request of any party or witness, may order a hearing or any part of a hearing to be held in camera or ex parte if it is of the opinion
(a) that information that could reasonably be expected to be injurious to the defence of Canada or any state allied or associated with Canada or the detection, prevention or suppression of subversive or hostile activities will likely be disclosed during the course of the hearing;
(b) that information that could reasonably be expected to be injurious to law enforcement will likely be disclosed during the course of the hearing;
(c) that information respecting a person’s financial or personal affairs, if that person’s interest or security outweighs the public’s interest in the information, will likely be disclosed during the course of the hearing;
(d) that information that could reasonably be expected to reveal privileged information, as defined in subsection 45.4(1), will likely be disclosed during the course of the hearing; or
(e) that it is otherwise required by the circumstances of the case.
Marginal note:Rights of persons interested
(7) The parties and any other person who satisfies the Commission that the person has a substantial and direct interest in a complaint before the Commission shall be allowed an opportunity, in person or by legal counsel, to present evidence, cross-examine witnesses and make representations at the hearing.
Marginal note:Representation of witnesses
(8) The Commission shall permit any person who gives evidence at a hearing to be represented by legal counsel.
Marginal note:Appropriate officer
(9) The appropriate officer may be represented or assisted at a hearing by any other person.
Marginal note:Privilege
(10) If the officer referred to in subsection (9) is represented or assisted by another person, communications passing in confidence between them in relation to the hearing are, for the purposes of this Act, privileged as if they were communications passing in professional confidence between the officer and their legal counsel.
Marginal note:Expenses
(11) If the Commission sits at a place in Canada that is not the ordinary place of residence of the complainant, of the member or other person whose conduct is the subject matter of the complaint or of the legal counsel of any of those persons, then that person or their legal counsel is entitled, at the discretion of the Commission, to receive, in accordance with Treasury Board directives, the travel and living expenses incurred by that person or their legal counsel in appearing before the Commission.
Suspension and Joint Proceedings
Marginal note:Duty to suspend
45.74 (1) The Commission shall suspend an investigation, review or hearing with respect to a complaint if, in the Commission’s opinion, continuing it would compromise or seriously hinder an ongoing criminal investigation or proceeding.
Marginal note:Duty to suspend
(2) The Commission shall suspend an investigation, review or hearing with respect to a complaint if it is requested to do so in writing by the Commissioner. The Commissioner may make the request only if, in the Commissioner’s opinion, the investigation, review or hearing would compromise or seriously hinder an ongoing criminal investigation or proceeding, and the Commissioner shall set out the reasons for his or her opinion in the request.
Marginal note:Power to suspend
(3) The Commission may suspend an investigation, review or hearing with respect to a complaint if, in the Commission’s opinion, continuing it would compromise or seriously hinder an ongoing civil or administrative proceeding.
Marginal note:Joint investigation, review or hearing
45.75 (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 against law enforcement officers.
Marginal note:Regulations
(2) The Governor in Council may make regulations respecting investigations, reviews or hearings conducted jointly under subsection (1).
Reports Following Investigation or Hearing
Marginal note:Interim report
45.76 (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.
Marginal note:Commissioner’s response
(2) The Commissioner shall, as soon as feasible, provide the Chairperson 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 findings or recommendations set out in the report, the Commissioner shall include in the response the reasons for not so acting.
Marginal note:Commission’s final report
(3) After considering the Commissioner’s response, the Commission shall prepare a final report in writing setting out any findings 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 the primary responsibility for policing in the province in which the conduct complained of occurred.
Marginal note:Final and conclusive
45.77 All of the findings and recommendations that are contained in the Commission’s final report under subsection 45.72(2) or 45.76(3) are final and are not subject to appeal to or review by any court.
Marginal note:Return of documents and things
45.78 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.1SERIOUS INCIDENTS
Marginal note:Definitions
45.79 (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 is designated by the lieutenant governor in council of that province under subsection (2).
“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 exercising its powers or performing its 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 the 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.
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.
Marginal note:Regulations
(3) The Governor in Council may, by regulation, prescribe physical or psychological injuries for the purposes of the definition “serious injury” in subsection (1).
Marginal note:Notification
45.8 The Commissioner shall, as soon as feasible, notify the designated authority for a province of a serious incident that is alleged to have occurred in that province.
Marginal note: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.
Marginal note: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.
Marginal note: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 feasible, refer the investigation of the serious incident to that investigative body or police force.
Marginal note:Request to police force
45.82 (1) If there is no designated authority for a province or 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 feasible, 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.
Marginal note:Investigation by the Force
(2) If the investigative body, or the police force that receives the request, 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, as soon as feasible,
(a) notify the Commission that it will investigate the serious incident; and
(b) investigate the serious incident.
Marginal note: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.
Marginal note:Report
(4) The Commissioner shall provide the Chairperson with a report outlining the efforts made by the Force under subsection (3).
Marginal note:Observer — investigation by another police force
45.83 (1) If a police force is appointed under subsection 45.81(2) — or accepts, following a request made under subsection 45.82(1) — to investigate a serious incident and no observer is appointed by a designated authority,
(a) the Commissioner shall, as soon as feasible, notify the Commission of the serious incident; and
(b) the Commission may, with the agreement of the provincial minister who has the 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.
Marginal note: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 assess the impartiality of the investigation.
Marginal note:Appointment of observer
(3) If the Force investigates a serious incident and 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.
Marginal note:No observer appointed
(4) If no observer is appointed to an investigation of a serious incident under subsection (2) or (3), the Commissioner shall provide the Chairperson 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.
Marginal note: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 45.5(1).
Marginal note:Observers are compellable
(6) Despite subsection 45.5(2) but subject to section 45.86, every observer is a compellable witness in every criminal, civil or administrative action or 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.
Marginal note: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.
Marginal note: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 Chairperson 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.
Marginal note: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 Chairperson a written response to the observer’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.
Marginal note:Report on response
(3) If the Chairperson is not satisfied with a response of the Commissioner or chief of police, the Chairperson 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 the primary responsibility for policing in that province.
Marginal note:Copy of report to Minister
(4) The Chairperson shall provide a copy of any report issued under subsection (3) to the Minister.
Marginal note:Information subject to privilege
45.86 Nothing in this Part authorizes a person to disclose to an observer privileged information, as defined in subsection 45.4(1), and an observer shall not use or disclose that information if it is disclosed.
Marginal note:Regulations
45.87 The Governor in Council 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 an observer’s reporting obligations;
(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) prescribing 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.
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