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

Marginal note:Final reports

45.97 The Chairperson of the Commission shall send any report referred to in subsection 45.72(2) or 45.76(3) that is prepared under this Part to the provincial minister who has the primary responsibility for policing in any province in which the integrated cross-border operation was carried out.

Serious Incidents

Marginal note:Application of certain provisions

45.98 Sections 45.8 to 45.87 apply in this Part, with a modification in section 45.8 to read the reference to the Commissioner as a reference to the Central Authority, and with the modifications that the circumstances require.

Marginal note:Notification

45.99 When the Central Authority notifies a designated authority under section 45.8 of a serious incident, the Central Authority shall also notify the Commissioner of it.

Marginal note:Notification — investigative body

• 45.991 (1) If an investigation is commenced in respect of a serious incident, the Commissioner shall, as soon as feasible after that commencement, advise the Central Authority of the investigative body or the police force responsible for the investigation.

• Marginal note:Notification — observer

  (2) If the Commissioner becomes aware that an observer has been appointed by a designated authority or the Commission to assess the impartiality of an investigation of a serious incident, the Commissioner shall, as soon as feasible after becoming aware of it, advise the Central Authority of the appointment.

• Marginal note:Notification — recommendations, etc.

  (3) The Commissioner shall send to the Central Authority, as soon as feasible,

  • (a) any recommendations referred to in section 45.84 that the Force receives from an observer under this Part;

  • (b) any report referred to in subsection 45.85(1) that is provided to the Commissioner by an observer under this Part; and

  • (c) any response referred to in subsection 45.85(2) that the Commissioner provides under this Part.

PART VIIIGeneral

Miscellaneous Provisions having General Application

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.

• Marginal note:Proceedings

  (2) All proceedings before a board shall be dealt with by the board as informally and expeditiously as the circumstances and considerations of fairness permit.

• Marginal note:Witness fees

  (3) Any person, other than a member, summoned to attend at any proceeding before a board is entitled, in the discretion of the board, to receive the like fees and allowances for so attending as if summoned to attend before the Federal Court.

• 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:Idem

  (5) The Minister may make rules governing the proceedings, practice and procedure before a board of inquiry appointed by the Minister under section 24.1 and the performance of the duties and functions of such a board under this Act or the Minister may adopt as such rules the rules or any part of the rules made under subsection (4).

Marginal note:Immunity

47 No criminal or civil proceedings lie against any person for anything done, reported or said in good faith in any proceedings before a board.

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.

47.2 [Repealed, 2013, c. 18, s. 37]

Marginal note:Legal proceedings

47.3 Section 16 of the Canada Evidence Act applies in respect of any proceedings before a board as though

• (a) the proceeding were a legal proceeding; and

• (b) the board were a judge, justice or other presiding officer.

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:Reference to time

  (2) Where a time is extended under this section, any reference in this Act to the time shall be construed as a reference to the time as so extended.

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.

Offences

Marginal note:Bribes, etc.

• 48 (1) Every person who

  • (a) [Repealed, R.S., 1985, c. 8 (2nd Supp.), s. 19]

  • (b) makes any agreement with any member to induce the member in any way to forego the member’s duty, or

  • (c) concerts or connives at any act whereby any rule, order or regulation made under Part I may be evaded,

  is guilty of an offence punishable on summary conviction.

• (2) [Repealed, R.S., 1985, c. 8 (2nd Supp.), s. 19]

Marginal note:Unlawful use of name of Force

• 49 (1) Every person is guilty of an offence punishable on summary conviction who, without the authority of the Commissioner, uses

  • (a) the name of the Force or any abbreviation thereof or any words or letters likely to be mistaken therefor,

  • (b) any picture or other representation of a member of the Force, or

  • (c) any mark, badge or insignia of the Force,

  as all or any part of the name of any corporation, company, partnership or unincorporated association, in any advertising, for any business or trade purpose, or in such a way as to represent or imply that the Force uses or approves or endorses the use of any goods or services.

• Marginal note:Personation of former member

  (2) Every person not being a former member who, without the authority of the Commissioner, uses any clothing, equipment, badge, medal, ribbon, document or other thing in such a manner as to lead to a reasonable belief that the person was a member of the Force is guilty of an offence punishable on summary conviction.

• Marginal note:Consent to prosecution

  (3) No proceedings in respect of an offence under this section shall be instituted without the consent of the Minister.

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, IV or V, an adjudication board under Part IV, a discharge and demotion board under Part V or the Commission under Part VII or VII.2 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:Exception

  (1.1) Paragraph (1)(a) and subparagraphs (1)(b)(ii) and (iii) do not apply to a designated officer as defined in subsection 45.88(1) who was appointed under subsection 8(1) of the Integrated Cross-border Law Enforcement Operations Act.

• 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 or VII.2;

  • (b) harass, intimidate or threaten

    • (i) an individual who makes a complaint under Part VII or VII.2,

    • (ii) an individual at whom the conduct that is the subject of a complaint made under any of those Parts 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 any of those Parts, or

    • (iv) a person who is carrying out any power, duty or function under any of Parts VI to VII.2;

  • (c) wilfully obstruct a person who is carrying out any power, duty or function under any of Parts VI to VII.2, 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 VII.2 or to a review under any of those Parts; 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.