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

Marginal note:Meetings

• 45.2 (1) The Chairperson may determine the dates, times and places at which the Management Advisory Board will meet, but it must meet at least once in each fiscal quarter of each fiscal year.

• Marginal note:Quarterly meetings in person

  (2) One meeting in each fiscal quarter of each fiscal year must be in person.

• Marginal note:Off-site participation

  (3) Except for the meetings referred to in subsection (2), a meeting of the Management Advisory Board may be held by any means of telecommunication that permits all persons who are participating to communicate adequately with each other. A person who is participating by such means is deemed to be present at the meeting.

• Marginal note:Participation of Deputy Minister and Commissioner

  (4) The Deputy Minister of Public Safety and Emergency Preparedness and the Commissioner, or a delegate of each of them, are to receive notice of all meetings of the Management Advisory Board and may attend and take part in, but not vote at, those meetings.

Marginal note:Administrative matters

45.21 The Management Advisory Board may

• (a) set its own priorities and develop its own work plans;

• (b) establish procedures governing the carrying out of its work; and

• (c) determine the quorum for its meetings.

Marginal note:Right of access to information

• 45.22 (1) Subject to subsection (2), the Commissioner shall, at the request of the Management Advisory Board, provide it with timely access to any information under the control, or in the possession, of the Force that the Board considers is necessary to enable it to carry out its mandate.

• Marginal note:Exception

  (2) The Management Advisory Board shall not have access to information under the control, or in the possession, of the Force if

  • (a) the provision of access to the Board might compromise or hinder the investigation or prosecution of any offence;

  • (b) the information reveals personal information; or

  • (c) the information constitutes a confidence of the Queen’s Privy Council for Canada, as defined in subsection 39(2) of the Canada Evidence Act.

Marginal note:No waiver

45.23 For greater certainty, the provision of access by the Commissioner to the Management Advisory Board of any information that is subject to a privilege under the law of evidence, solicitor-client privilege or the professional secrecy of advocates and notaries or to litigation privilege does not constitute a waiver of any of those privileges or that secrecy.

Marginal note:Statistical and analytical reports

45.24 The Commissioner shall, at the request of the Management Advisory Board, based on information under the control, or in the possession, of the Force, prepare and provide to the Board any statistical or analytical reports that the Board considers necessary to enable it to carry out its mandate.

45.25 [Repealed, 2013, c. 18, s. 33]

45.26 [Repealed, 2013, c. 18, s. 33]

45.27 [Repealed, 2013, c. 18, s. 33]

45.28 [Repealed, 2013, c. 18, s. 33]

PART VICivilian Review and Complaints Commission For the Royal Canadian Mounted Police

Establishment and Organization

Marginal note:Establishment

• 45.29 (1) The Civilian Review and Complaints Commission for the Royal Canadian Mounted Police is established, consisting of a Chairperson and not more than four other members, one of whom may be a Vice-chairperson, appointed by the Governor in Council.

• Marginal note:Ineligibility

  (2) A person is not eligible to be a member of the Commission if that person

  • (a) is a member or former member; or

  • (b) is not a Canadian citizen or a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act.

• Marginal note:Appointment consideration

  (3) The Governor in Council shall, before appointing a person as a member of the Commission, consider the need for regional representation in the membership of the Commission.

• Marginal note:Reappointment

  (4) A member of the Commission is eligible for reappointment on the expiry of that member’s term of office.

Marginal note:Full- or part-time

• 45.3 (1) The Chairperson is a full-time member of the Commission. The other members may be appointed as full-time or part-time members of the Commission.

• Marginal note:Tenure

  (2) Each member of the Commission holds office during good behaviour for a term of not more than five years but may be removed for cause at any time by the Governor in Council.

• Marginal note:Remuneration

  (3) Members of the Commission are to be paid the remuneration that is to be determined by the Governor in Council.

• Marginal note:Travel, living and other expenses

  (4) Members of the Commission are entitled to be reimbursed, in accordance with Treasury Board directives, for the travel, living and other expenses incurred in connection with their work for the Commission while absent, in the case of full-time members, from their ordinary place of work or, in the case of part-time members, from their ordinary place of residence.

• Marginal note:Application of Public Service Superannuation Act

  (5) The full-time members of the Commission are deemed to be employed in the public service for the purposes of the Public Service Superannuation Act.

• Marginal note:Application of other Acts

  (6) Members of the Commission are deemed to be employed in the federal public administration for the purposes of the Government Employees Compensation Act and any regulations made under section 9 of the Aeronautics Act.

Marginal note:Chairperson

• 45.31 (1) The Chairperson is the chief executive officer of the Commission and has supervision over and direction of the work and staff of the Commission.

• Marginal note:Delegation

  (2) The Chairperson may delegate to the Vice-chairperson or, if the office of Vice-chairperson is vacant, to any other member of the Commission any of the Chairperson’s powers, duties and functions under this Act, except the power to delegate under this subsection and the powers, duties and functions under subsections 45.4(5), 45.41(10), 45.47(2) and 45.85(3).

• Marginal note:Absence or incapacity

  (3) In the event of the absence or incapacity of the Chairperson or if the office of Chairperson is vacant, the Vice-chairperson has all the powers, duties and functions of the Chairperson. In the event of the absence or incapacity of the Vice-chairperson or if the office of Vice-chairperson is vacant, the Minister may authorize another member of the Commission to exercise the powers and perform the duties and functions of the Chairperson, but a member of the Commission so authorized is not entitled to act as Chairperson for more than 90 days without the approval of the Governor in Council.

Marginal note:Head office

• 45.32 (1) The head office of the Commission shall be in Ottawa.

• Marginal note:Regional offices

  (2) The Commission may establish an office in any region of Canada.

• Marginal note:Staff

  (3) The officers and employees that are necessary for the proper conduct of the work of the Commission shall be appointed in accordance with the Public Service Employment Act.

• Marginal note:Technical assistance

  (4) The Commission may, with the approval of the Treasury Board,

  • (a) engage, on a temporary basis, the services of persons having technical or specialized knowledge of any matter relating to the work of the Commission to advise and assist the Commission in the exercise or performance of its powers, duties and functions under this Act; and

  • (b) fix and pay the remuneration and expenses of persons engaged under paragraph (a).

Powers, Duties and Functions

Marginal note:Powers, duties and functions of Commission

45.33 The Commission shall exercise or perform the powers, duties and functions that are assigned to it by this Act.

Marginal note:Review and report

• 45.34 (1) For the purpose of ensuring that the activities of the Force are carried out in accordance with this Act or the Witness Protection Program Act, any regulations or ministerial directions made under them or any policy, procedure or guideline relating to the operation of the Force, the Commission may, on the request of the Minister or on its own initiative, conduct a review of specified activities of the Force and provide a report to the Minister and the Commissioner on the review.

• Marginal note:Conditions

  (2) In order to conduct a review on its own initiative, the Commission shall be satisfied that

  • (a) sufficient resources exist for conducting the review and the handling of complaints under Part VII will not be compromised; and

  • (b) no other review or inquiry has been undertaken on substantially the same issue by a federal or provincial entity.

• Marginal note:Notice

  (3) Before conducting a review on its own initiative, the Commission shall give a notice to the Minister indicating that the Commission is satisfied that the conditions referred to in subsection (2) have been met and setting out the rationale for conducting the review.

• Marginal note:Policies, procedures and guidelines

  (4) The Commission shall include in the report any findings and recommendations that it sees fit regarding the adequacy, appropriateness, sufficiency or clarity of any policy, procedure or guideline relating to the operation of the Force.

• Marginal note:Copy of report to provincial ministers

  (5) The Commission may provide a copy of the report to the provincial minister who has the primary responsibility for policing in any province in respect of which there is an arrangement between the government of the province and the Minister under section 20.

Marginal note:Review for province

• 45.35 (1) If there is an arrangement between the government of a province and the Minister under section 20, the provincial minister who has the primary responsibility for policing in that province may ask the Minister to request that the Commission conduct a review of specified activities of the Force 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 the review and the Commissioner 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 activities of the Force are carried out in accordance with this Act or the Witness Protection Program Act, any regulations or ministerial directions made under them or any policy, procedure or guideline relating to the operation of the Force; and

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

Marginal note:National security

• 45.351 (1) The Commission does not have jurisdiction to conduct a review of an activity that is related to national security.

• Marginal note:Referral

  (2) The Commission shall refer any matter related to national security arising from a request for a review under section 45.34 or 45.35 to the National Security and Intelligence Review Agency.

Marginal note:Powers

• 45.36 (1) The Commission has, when conducting a review under section 45.34 or 45.35, all of the powers of the Commission under paragraphs 45.65(1)(a) to (d).

• Marginal note:Application

  (2) Subsections 45.65(2) to (6) apply, with any necessary modifications, to the exercise of the powers by the Commission under subsection (1).

Marginal note:Service standards respecting time limits

45.37 The Commission shall establish, and make public, service standards respecting the time limits within which it is to deal with complaints and specifying the circumstances under which those time limits do not apply or the circumstances under which they may be extended.