Enhancing Royal Canadian Mounted Police Accountability Act (S.C. 2013, c. 18)
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Assented to 2013-06-19
Marginal note:R.S., c. 8 (2nd Supp.), s. 18
36. (1) Subsection 46(1) of the Act is replaced by the following:
Definition of “board”
46. (1) In this section and sections 47 to 47.3, “board” means
(a) a board of inquiry appointed under section 24.1;
(b) an adjudication board appointed under section 43 or 44;
(c) a discharge and demotion board appointed under section 45.2; and
(d) the Committee, except for the purposes of subsection (4).
Definition of “board” — sections 47.1 to 47.3
(1.1) In sections 47.1 to 47.3, “board” includes the Commission.
Marginal note:R.S., c. 8 (2nd Supp.), s. 18
(2) Subsection 46(4) of the Act is replaced by the following:
Marginal note:Rules
(4) Subject to subsection (5), the Commissioner may make rules governing the proceedings, practice and procedure before a board, other than the Commission, and the performance of the duties and functions of a board, other than the Commission, under this Act.
Marginal note:R.S., c. 8 (2nd Supp.), s. 18
37. Sections 47.1 and 47.2 of the Act are replaced by the following:
Marginal note:Immunity
47.01 No criminal, civil or administrative action or proceeding lies against a conduct authority, or any person appointed as a member of a conduct board, for anything done, reported or said in good faith in the course of the exercise or performance or purported exercise or performance of any power, duty or function under Part IV.
Marginal note:Representation
47.1 (1) Subject to any rules made under subsection (3) a member or a conduct authority may be represented or assisted by any person in any
(a) presentation of a grievance under Part III;
(b) proceeding before a board; or
(c) appeal under subsection 45.11(1) or (3).
Marginal note:Privilege
(2) If a member or conduct authority is represented or assisted by another person, communications passing in confidence between them in relation to the grievance, proceeding or appeal are, for the purposes of this Act, privileged as if they were communications passing in professional confidence between the member or the conduct authority and their legal counsel.
Marginal note:Rules
(3) The Commissioner may make rules prescribing
(a) the persons or classes of person who may not represent or assist a member or conduct authority; and
(b) the circumstances in which a person may not represent or assist a member or conduct authority.
Marginal note:R.S., c. 8 (2nd Supp.), s. 18
38. Subsection 47.4(1) of the Act is replaced by the following:
Marginal note:Extensions of time limitations
47.4 (1) If the Commissioner is satisfied that the circumstances justify an extension, the Commissioner may, on motion by the Commissioner or on application, and after giving due notice to any member affected by the extension, extend the time limited by any of subsections 31(2), 41(2), 42(2) and 44(1), for the doing of any act described in that subsection and specify terms and conditions in connection with the extension.
Marginal note:Exception
(1.1) The notice shall not be given if, in the Commissioner’s opinion, giving it might compromise or hinder any investigation of an offence under an Act of Parliament.
Marginal note:R.S., c. 8 (2nd Supp.), s. 18
39. Section 47.5 of the Act is replaced by the following:
Marginal note:Evidence not admissible
47.5 No evidence that a conduct measure has been imposed under Part IV against a member shall be used or receivable against the member in any criminal proceedings.
Marginal note:R.S., c. 8 (2nd Supp.), s. 21
40. (1) Sections 50 to 52 of the Act are replaced by the following:
Marginal note:Attendance of witnesses, etc.
50. (1) Every person commits an offence punishable on summary conviction who
(a) on being duly summoned as a witness or otherwise under this Act, makes default in attending;
(b) being in attendance as a witness in any proceeding under this Act,
(i) refuses to take an oath or solemn affirmation required of that person,
(ii) refuses to produce any document or thing under that person’s control or in that person’s possession and required to be produced by that person, or
(iii) refuses to answer any question;
(c) at any proceeding under this Act uses insulting or threatening language or causes any interference or disturbance; or
(d) without lawful justification or excuse, prints observations or uses words in relation to an ongoing criminal, civil or administrative action or proceeding with intent
(i) to injure the reputation of a member of a board of inquiry under Part I, the Committee under Part III, IV or V, an adjudication board under Part IV, a discharge and demotion board under Part V or the Commission under Part VII or a witness before any of those entities by exposing that member or witness to contempt, insult or ridicule, or
(ii) to dissuade a witness in any proceedings before an entity referred to in subparagraph (i) from testifying.
Marginal note:Punishment
(2) Every person who is convicted of an offence under subsection (1) is liable to a fine of not more than $5,000 or to imprisonment for a term of not more than six months or to both.
Marginal note:Offences — harassment, obstruction, destroying documents etc.
50.1 (1) No person shall
(a) harass, intimidate or threaten any person with the intent to compel that other person to abstain from making a complaint under Part VII;
(b) harass, intimidate or threaten
(i) an individual who makes a complaint under Part VII,
(ii) an individual at whom the conduct that is the subject of a complaint made under that Part 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 that Part, or
(iv) a person who is carrying out any power, duty or function under any of Parts VI to VII.1;
(c) wilfully obstruct a person who is carrying out any power, duty or function under any of Parts VI to VII.1, 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 to a review under that Part; or
(e) direct, counsel or cause, in any manner, any person to do anything mentioned in any of paragraphs (a) to (d), or propose, in any manner, to any person that they do anything mentioned in any of those paragraphs.
Marginal note:Punishment
(2) Every person who contravenes subsection (1) commits an offence and is guilty of
(a) an indictable offence and liable to imprisonment for a term of not more than five years; or
(b) an offence punishable on summary conviction and liable to a fine of not more than $5,000 or to imprisonment for a term of not more than six months, or to both.
Marginal note:Offence — failure to comply
50.2 (1) Every person who fails to comply with subsection 45.44(2) or (6) or 45.46(4) is guilty of an offence punishable on summary conviction and liable to a fine of not more than $5,000 or to imprisonment for a term of not more than six months, or to both.
Marginal note:Defence
(2) No person who establishes that they exercised all due diligence to prevent the commission of an offence under subsection (1) may be convicted of that offence.
Marginal note:Offence to disclose certain information
50.3 Every person who contravenes subsection 45.47(1) or section 45.48 or 45.86 is guilty of
(a) an indictable offence and liable to imprisonment for a term of not more than five years; or
(b) an offence punishable on summary conviction and liable to a fine of not more than $5,000 or to imprisonment for a term of not more than six months, or to both.
Marginal note:Punishment
51. Every person who is convicted of an offence under this Part, except under sections 50 to 50.3, is liable to a fine of not more than $500 or to imprisonment for a term of not more than six months or to both.
Marginal note:Limitation or prescription period
52. Summary conviction proceedings in respect of an offence under this Part may be instituted at any time within, but not later than, two years after the time when the subject matter of the proceedings arose.
Marginal note:R.S., c. 8 (2nd Supp.), s. 21
(2) Sections 50 to 52 of the Act are replaced by the following:
Marginal note:Attendance of witnesses, etc.
50. (1) Every person commits an offence punishable on summary conviction who
(a) on being duly summoned as a witness or otherwise under this Act, makes default in attending;
(b) being in attendance as a witness in any proceeding under this Act,
(i) refuses to take an oath or solemn affirmation required of that person,
(ii) refuses to produce any document or thing under that person’s control or in that person’s possession and required to be produced by that person, or
(iii) refuses to answer any question;
(c) at any proceeding under this Act uses insulting or threatening language or causes any interference or disturbance;
(d) without lawful justification or excuse, prints observations or uses words in relation to an ongoing criminal, civil or administrative action or proceeding with intent
(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 a witness before any of those entities by exposing that member or witness to contempt, insult or ridicule, or
(ii) to dissuade a witness in any proceedings before an entity referred to in subparagraph (i) from testifying; or
(e) fails to comply with an order made under subsection 45.1(7).
Marginal note:Punishment
(2) Every person who is convicted of an offence under subsection (1) is liable to a fine of not more than $5,000 or to imprisonment for a term of not more than six months or to both.
Marginal note:Offences — destroying documents etc.
50.1 (1) No person shall
(a) 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
(b) direct, counsel or cause, in any manner, any person to do anything mentioned in paragraph (a), or propose, in any manner, to any person that they do anything mentioned in that paragraph.
Marginal note:Punishment
(2) Every person who contravenes subsection (1) commits an offence and is guilty of
(a) an indictable offence and liable to imprisonment for a term of not more than five years; or
(b) an offence punishable on summary conviction and liable to a fine of not more than $5,000 or to imprisonment for a term of not more than six months, or to both.
Marginal note:Punishment
51. Every person who is convicted of an offence under this Part, except under sections 50 or 50.1, is liable to a fine of not more than $500 or to imprisonment for a term of not more than six months or to both.
Marginal note:Limitation or prescription period
52. Summary conviction proceedings in respect of an offence under this Part may be instituted at any time within, but not later than, two years after the time when the subject matter of the proceedings arose.
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