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

Assented to 2013-06-19

Marginal note:Voluntary resignation

 The voluntary resignation of any member of the Royal Canadian Mounted Police that had not been accepted before the coming into force of section 10 may be accepted by the Commissioner of the Royal Canadian Mounted Police or any person designated by the Commissioner and, if it is accepted, the resignation of the member is final and irrevocable on that acceptance.

Marginal note:Discharge of deceased member

 A member of the Royal Canadian Mounted Police who died before the coming into force of section 11 and who had not been discharged from the Royal Canadian Mounted Police before that coming into force is deemed to have been so discharged immediately before that coming into force.

Marginal note:Definitions
  •  (1) The following definitions apply in this section.

    “former commission”

    « ancienne commission »

    “former commission” means the Royal Canadian Mounted Police Public Complaints Commission established by subsection 45.29(1) of the Royal Canadian Mounted Police Act, as it read immediately before the coming into force of section 35.

    “new commission”

    « nouvelle commission »

    “new commission” means the Civilian Review and Complaints Commission for the Royal Canadian Mounted Police established by subsection 45.29(1) of the Royal Canadian Mounted Police Act, as enacted by section 35.

  • Marginal note:Members of former commission

    (2) All persons who hold office as Chairman, Vice-Chairman or member of the former commission immediately before the coming into force of section 35 cease to hold office on the day on which that section comes into force.

  • Marginal note:Employees

    (3) Nothing in this Act is to be construed as affecting the status of an employee who, immediately before the coming into force of this section, occupied a position in the former commission, except that the employee shall, on that coming into force, occupy his or her position in the new commission.

  • Definition of “employee”

    (4) In subsection (3), “employee” has the same meaning as in subsection 2(1) of the Public Service Employment Act.

  • Marginal note:Transfer of appropriations

    (5) Any amount appropriated, for the fiscal year in which this section comes into force, by an appropriation Act based on the Estimates for that year for defraying the charges and expenses of the former commission that, on that coming force, is unexpended is deemed, on that coming into force, to be an amount appropriated for defraying the charges and expenses of the new commission.

  • Marginal note:Rights and obligations transferred

    (6) All rights and property held by or in the name of or in trust for the former commission and all obligations and liabilities of the former commission are deemed to be rights, property, obligations and liabilities of the new Commission.

  • Marginal note:References

    (7) Every reference to the former commission in a deed, contract or other document executed by the former commission in its own name is to be read as a reference to the new commission, unless the context requires otherwise.

  • Marginal note:Continuation of proceedings

    (8) Any action, suit or other legal or administrative proceeding to which the former commission is a party that is pending on the coming into force of this section may be continued by or against the new commission in a similar manner and to the same extent as it would have been continued by or against the former commission.

  • Marginal note:Complaints under section 45.35 or 45.37

    (9) Any complaint made under 45.35 or 45.37 of the Royal Canadian Mounted Police Act that has not been disposed of or resolved by the former commission before the coming into force of section 35 may be disposed of or resolved by the new commission in accordance with the provisions of Part VII of that Act, as enacted by that section 35.

  • Marginal note:Complaints under section 45.49

    (10) If Bill C-38, introduced in the 1st session of the 41st Parliament and entitled the Jobs, Growth and Long-term Prosperity Act (in this subsection referred to as the “other Act”) receives royal assent and section 369 of the other Act comes into force before section 35 of this Act, any complaint made under section 45.49 of the Royal Canadian Mounted Police Act that has not been disposed of or resolved by the former commission before the coming into force of that section 35 may be disposed of or resolved by the new commission in accordance with the provisions of Part VII.2 of the Royal Canadian Mounted Police Act.

Coordinating Amendments

Marginal note:R.S., c. R-10
  •  (1) In this section, “the other Act” means the Royal Canadian Mounted Police Act.

  • (2) On the first day on which both subsections 3(2) and (3) of this Act are in force, subsection 5(2) of the other Act is replaced by the following:

    • Marginal note:Delegation

      (2) The Commissioner may delegate to any member, subject to any terms and conditions that the Commissioner directs, any of the Commissioner’s powers, duties or functions under this Act, except the power to delegate under this subsection, the power to make rules under this Act and the powers, duties or functions under subsections 45.4(5) and 45.41(10).

  • (3) On the first day on which both subsections 8(1) and (2) of this Act are in force, subsection 7(1) of the other Act is replaced by the following:

    Marginal note:Appointment and designation
    • 7. (1) The Commissioner may appoint members of the Force other than officers and, by way of promotion, appoint a member, other than a Deputy Commissioner, to a higher rank, other than to the rank of Deputy Commissioner, for which there is a vacancy.

  • (4) On the first day on which section 9.2 of the other Act, as enacted by section 10 of this Act, and subsections 8(2) and (3) and 15(1) of this Act are all in force, that section 9.2 is replaced by the following:

    Marginal note:Revocation of appointment

    9.2 The Commissioner’s power to appoint a person as a member or to appoint a member, by way of promotion, to a higher rank, includes the power to revoke the appointment and to take corrective action whenever the Commissioner is satisfied that an error, an omission or improper conduct affected the selection of the person or member for appointment.

  • (5) On the first day on which both sections 29 and 35 of this Act are in force, paragraph 24.1(6)(b) of the other Act is replaced by the following:

    • (b) any answer or statement made in response to a question described in subsection 35(8), 40(2), 45.1(5) or 45.65(2);

  • (6) On the first day on which both sections 29 and 32 of this Act are in force, sections 45.171 to 45.173 of the other Act are replaced by the following:

    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 conduct measures, 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 what conduct measures, 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 conduct measures, if any, have been imposed against the member.

  • (7) On the first day on which subsections 8(2) and (3) and 15(1) and section 35 of this Act are all in force, paragraph 45.4(1)(f) of the other Act is replaced by the following:

    • (f) medical information about a member or other person appointed under the authority of Part I.

  • (8) On the first day on which subsections 8(2) and (3) and 15(1) and section 35 of this Act are all in force, paragraph 45.42(1)(a) of the other Act is replaced by the following:

    • (a) information relating to a request made by a member or other person appointed under the authority of Part I for legal assistance or indemnification from Her Majesty in right of Canada;

  • (9) On the first day on which subsections 8(2) and (3) and 15(1) and section 35 of this Act are all in force, paragraph 45.42(1)(c) of the other Act is replaced by the following:

    • (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 under the authority of Part I when the privilege may be claimed by the member or other person and not the Force;

  • (10) On the first day on which subsections 8(2) and (3) and 15(1) and section 35 of this Act are all in force, subsection 45.53(1) of the other Act is replaced by the following:

    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 under Part I.

  • (11) On the first day on which subsections 8(2) and (3) and 15(1) and section 35 of this Act are all in force, subsection 45.53(4) of the other Act is replaced by the following:

    • 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 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.

  • (12) On the first day on which subsections 8(2) and (3) and 15(1) and section 35 of this Act are all in force, paragraph 45.53(8)(b) of the other Act is replaced by the following:

    • (b) any member or other person appointed under Part I; or

  • (13) On the first day on which both sections 29 and 35 of this Act are in force, subsection 45.57(2) of the other Act is replaced by the following:

    • 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 conduct authority or conduct board in determining a conduct measure to be imposed under Part IV.

  • (14) On the first day on which subsections 8(2) and (3) and 15(1) and section 35 of this Act are all in force, subsection 45.59(1) of the other Act is replaced by the following:

    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 under Part I, the Chairperson may initiate a complaint in relation to that conduct.

  • (15) On the first day on which subsections 8(2) and (3) and 15(1) and section 35 of this Act are all in force, subsection 45.61(2) of the other Act is replaced by the following:

    • 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 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.

  • (16) On the first day on which both sections 29 and 35 of this Act are in force, paragraph 45.65(4)(a) of the other Act is replaced by the following:

    • (a) any answer or statement made in response to a question described in subsection 24.1(7), 35(8), 40(2) or 45.1(5);

  • (17) On the first day on which both subsection 2(1) and section 35 of this Act are in force, subsection 45.73(3) of the other Act is replaced by the following:

    • Meaning of “parties”

      (3) In this section, “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 the complaint and the complainant.

  • (18) On the first day on which both subsection 2(1) and section 35 of this Act are in force, subsection 45.73(9) of the other Act is replaced by the following:

    • Marginal note:Designated officer

      (9) The officer designated by the Commissioner for the purposes of this Part may be represented or assisted at a hearing by any other person.

  • (19) On the first day on which subsections 8(2) and (3) and 15(1) and section 35 of this Act are all in force, subsection 45.75(1) of the other Act is replaced by the following:

    Marginal note:Joint investigation, review or hearing
    • 45.75 (1) If a complaint concerns the conduct of a member or other person appointed 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.

  • (20) On the first day on which subsections 8(2) and (3) and 15(1) and section 35 of this Act are all in force, the portion of the definition “serious incident” in subsection 45.79(1) of the other Act before paragraph (a) is replaced by the following:

    “serious incident”

    « incident grave »

    “serious incident” means an incident in which the actions of a member or other person appointed under Part I or any person assisting the Force in exercising its powers or performing its duties and functions under this Act

  • (21) On the first day on which sections 29, 36 and 37 of this Act are all in force, subsection 46(1) of the other 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) a conduct board appointed under section 43 or 44; and

      • (c) 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.

  • (22) On the first day on which both subsections 40(1) and (2) of this Act are in force, sections 50 to 52 of the other 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 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; 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 — 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 under Part IV or 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 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.

  • (23) If section 35 of this Act comes into force before section 34 of this Act, then that section 34 is repealed.

  • (24) If sections 34 and 35 of this Act come into force on the same day, then that section 34 is deemed to have come into force before that section 35.

 
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