Royal Canadian Mounted Police Act (R.S.C., 1985, c. R-10)

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.

PART VII.2Review of Integrated Cross-Border Law Enforcement Operations

Interpretation

Marginal note:Definitions

• 45.88 (1) The following definitions apply in this Part.

  Central Authority

  Central Authority means the Central Authority for Canada, as designated under section 5 of the Integrated Cross-border Law Enforcement Operations Act. (autorité centrale)

  designated authority

  designated authority has the same meaning as in subsection 45.79(1). (autorité désignée)

  designated officer

  designated officer has the same meaning as in section 2 of the Integrated Cross-border Law Enforcement Operations Act. (agent désigné)

  integrated cross-border operation

  integrated cross-border operation has the same meaning as in section 2 of the Integrated Cross-border Law Enforcement Operations Act. (opération transfrontalière intégrée)

  investigative body

  investigative body has the same meaning as in subsection 45.79(1). (organisme d’enquête)

  serious incident

  serious incident means an incident in which the actions of a designated officer, or any person assisting a designated officer, in the performance of any duty or function in the course of an integrated cross-border operation

  • (a) may have resulted in serious injury to, or the death of, any person; or

  • (b) may have constituted an offence under federal or provincial law that any of the following persons decides would be in the public interest to be investigated:

    • (i) the Minister,

    • (ii) the Central Authority, or

    • (iii) the provincial minister who has the primary responsibility for policing in the province in which the incident is alleged to have occurred. (incident grave)

  serious injury

  serious injury has the same meaning as in subsection 45.79(1). (blessure grave)

• Marginal note:Clarification — this Part

  (2) For greater certainty, for the purposes of sections 45.9 to 45.991, when, in any provision that applies in this Part as a result of section 45.9, subsection 45.94(1) or section 45.98, there is a reference to any provision that applies in this Part as a result of section 45.9, subsection 45.94(1) or section 45.98, the reference is to be read as a reference to the provision as modified by section 45.9, subsection 45.94(1) or section 45.98, as the case may be.

• Marginal note:Clarification — sections 50.2 and 50.3

  (3) For greater certainty, a reference in section 50.2 or 50.3 to any provision that applies in this Part as a result of section 45.9 or 45.98 is also to be read as a reference to that provision as modified by section 45.9 or 45.98, as the case may be.

Purpose

Marginal note:Purpose

45.89 The purpose of this Part is

• (a) to set out the role of the Commission in dealing with complaints relating to integrated cross-border operations and in reviewing those operations; and

• (b) to establish certain requirements with respect to the investigation of serious incidents related to integrated cross-border operations.

Application of Sections 45.34 to 45.51

Marginal note:Application of certain provisions

45.9 Sections 45.34 to 45.51, other than subsection 45.34(5) and section 45.35, apply in this Part, with the following modifications and the modifications that the circumstances require:

• (a) a reference to this Act or the Witness Protection Program Act in subsection 45.34(1) and paragraph 45.47(2)(c) is to be read as a reference to the Integrated Cross-border Law Enforcement Operations Act;

• (b) a reference to the Commissioner, other than in subsection 45.4(5), is to be read as a reference to the Central Authority;

• (c) a reference to the Commissioner in subsection 45.4(5) is to be read as a reference to the Commissioner acting as the Central Authority;

• (d) a reference to the activities of the Force in subsection 45.34(1) is to be read as a reference to integrated cross-border operations;

• (e) a reference to the operation of the Force in subsections 45.34(1) and (4) is to be read as a reference to integrated cross-border operations;

• (f) a reference to section 45.35 in subsections 45.36(1) and 45.4(2) is to be read as a reference to section 45.92;

• (g) a reference to the Force in subsections 45.39(1) and 45.4(2), the portion of subsection 45.42(1) before paragraph (a), subsection 45.44(2) and the portion of subsection 45.46(1) before paragraph (a) is to be read as a reference to the Force, the Central Authority or a designated officer who was appointed under subsection 7(1) of the Integrated Cross-border Law Enforcement Operations Act;

• (h) a reference to the Force in subsection 45.41(8) and paragraphs 45.42(1)(c) and (d) and 45.46(1)(c) is to be read as a reference to the Central Authority;

• (i) a reference to Parts VI and VII in subsection 45.39(1) is to be read as a reference to sections 45.91 to 45.93, subsection 45.94(2), sections 45.95 to 45.97 and the provisions that apply in Part VII.2 as a result of section 45.9 and subsection 45.94(1);

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

• (k) a reference to a meeting held or to be held between the Commission and the Force in paragraph 45.42(1)(e) is to be read as a reference to a meeting held or to be held with the Commission;

• (l) a reference to Part VII in subsection 45.4(2) is to be read as a reference to sections 45.91 to 45.93, subsection 45.94(2), sections 45.95 to 45.97 and the provisions that apply in Part VII.2 as a result of section 45.9 and subsection 45.94(1); and

• (m) the reference to section 45.52 in paragraph 45.47(2)(b) is to be read as a reference to section 45.93.

Reporting

Marginal note:Copy of report to provincial ministers

45.91 The Commission may provide a copy of any report referred to in section 45.34 that is prepared under this Part to the provincial minister who has the primary responsibility for policing in any province in which integrated cross-border operations may be carried out.

Marginal note:Review for province

• 45.92 (1) The provincial minister who has the primary responsibility for policing in a province may ask the Minister to request that the Commission conduct a review of specified integrated cross-border operations carried out 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 it and the Central Authority 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 integrated cross-border operations are carried out in accordance with the Integrated Cross-border Law Enforcement Operations Act, any regulations or ministerial directions made under that Act or any policy, procedure or guideline relating to those operations; and

  • (b) the adequacy, appropriateness, sufficiency or clarity of any policy, procedure or guideline relating to those operations.

Marginal note:Annual report — provinces

• 45.93 (1) The Commission shall, for each fiscal year, if a complaint has been made or disposed of in that fiscal year under this Part in respect of integrated cross-border operations carried out in a province, 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, how those complaints were disposed of, if applicable, 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

  (2) Every report must contain information respecting the Commission’s performance in relation to the service standards established under section 45.37.

Investigation, Review and Hearing of Complaints

Marginal note:Application of certain provisions

• 45.94 (1) Sections 45.53 to 45.78, other than subsection 45.57(2) and sections 45.62 and 45.75, apply in this Part with the following modifications and the modifications that the circumstances require:

  • (a) a reference to the Commissioner is to be read as a reference to the Central Authority;

  • (b) a reference to a member or other person whose conduct is the subject matter of the complaint is to be read as a reference to a designated officer whose conduct is the subject matter of the complaint;

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

  • (d) a reference to Part IV in subsection 45.53(3) is to be read as a reference to Part IV or to the law of a province, of the United States or of a state of the United States that is comparable to Part IV;

  • (e) a reference to the Force, other than in subsection 45.53(11), section 45.6, subsections 45.61(1) to (3), paragraph 45.71(3)(b) and section 45.78, is to be read as a reference to the Central Authority;

  • (f) a reference to the Force in section 45.6, subsections 45.61(1) to (3) and paragraph 45.71(3)(b) is to be read as a reference to the person or persons designated by the Central Authority to deal with a complaint;

  • (g) a reference to the Force in subsection 45.53(11) and section 45.78 is to be read as a reference to the Central Authority and to the person or persons designated by the Central Authority to deal with a complaint;

  • (h) a reference to a member or other person in subsection 45.57(1) or to a member in subsection 45.65(6) is to be read as a reference to a designated officer; and

  • (i) a reference to this Act or the Witness Protection Program Act in subsections 45.53(1) and 45.59(1) is to be read as a reference to the Integrated Cross-border Law Enforcement Operations Act.

• Marginal note:Disclosure and use for disciplinary purposes

  (2) Representations referred to in subsection 45.57(1), including any personal information contained in them, that are received by the Commission under this Part in relation to the complaint shall be disclosed as soon as feasible to the Central Authority. The Central Authority may share those representations with the following persons, but only for the purpose of any disciplinary action that may be taken against the designated officer whose conduct is the subject matter of the complaint:

  • (a) any person who the Central Authority considers to be an appropriate person to take that disciplinary action, if that designated officer was appointed under subsection 7(1) of the Integrated Cross-border Law Enforcement Operations Act; or

  • (b) the person designated as the Central Authority for the United States for the purpose of implementing the Agreement as defined in section 2 of that Act, if that designated officer was appointed under subsection 8(1) of that Act.

Marginal note:Joint investigations, etc.

• 45.95 (1) If a complaint concerns the conduct of a designated officer, the Commission may conduct an investigation, review or hearing of that complaint jointly with an authority that is responsible for investigations, reviews or hearings with respect to complaints from the public against law enforcement officers in any relevant jurisdiction, whether in or outside Canada.

• Marginal note:Regulations

  (2) The Governor in Council may make regulations respecting investigations, reviews or hearings conducted jointly under subsection (1).

Marginal note:Rules

45.96 The Central Authority may make rules respecting the procedures to be followed by the Central Authority, or by any person or persons designated by the Central Authority to deal with a complaint, in investigating, disposing of or otherwise dealing with complaints made under this Part.