Royal Canadian Mounted Police Act

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 the disclosure of which is described in subsection 11(1) of the Witness Protection Program Act;

  • (c) [Repealed, 2013, c. 29, s. 23]

  • (d) special operational information as defined in subsection 8(1) of the Foreign Interference and 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 Foreign Interference and 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.