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

Act current to 2017-03-20 and last amended on 2014-11-28. Previous Versions

Investigation, Review and Hearing of Complaints

Marginal note:Application of certain provisions
  •  (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.

  • 2013, c. 18, s. 78.
Marginal note:Joint investigations, etc.
  •  (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).

  • 2013, c. 18, s. 78.
Marginal note:Rules

 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.

  • 2013, c. 18, s. 78.
Marginal note:Final reports

 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.

  • 2013, c. 18, s. 78.

Serious Incidents

Marginal note:Application of certain provisions

 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.

  • 2013, c. 18, s. 78.
Marginal note:Notification

 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.

  • 2013, c. 18, s. 78.
Marginal note:Notification — investigative body
  •  (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.

  • 2013, c. 18, s. 78.
 
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