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

Act current to 2016-09-18 and last amended on 2014-11-28. Previous Versions

Marginal note:Production order
  •  (1) On ex parte application, a justice may order a person to produce to a peace officer named in the order a document that is a copy of a document that is in their possession or control when they receive the order, or to prepare and produce a document that contains data that is in their possession or control at that time.

  • Marginal note:Conditions for making order

    (2) Before making the order, the justice must be satisfied by information on oath that there are reasonable grounds to believe that the document will afford evidence with respect to the contravention of a provision of the Code of Conduct.

  • Marginal note:Limitation

    (3) An order shall not be made under subsection (1) requiring a member who is under investigation for an alleged contravention of a provision of the Code of Conduct to produce a document or to prepare and produce a document that relates to that alleged contravention.

  • 2013, c. 18, s. 29.
Marginal note:Conditions
  •  (1) An order made under subsection 40.3(1) may contain any conditions that the justice considers appropriate including conditions to protect a privileged communication between a person who is qualified to give legal advice and their client.

  • Marginal note:Effect of order

    (2) The order has effect throughout Canada.

  • Marginal note:Power to revoke or vary order

    (3) On ex parte application made by a peace officer, the justice who made the order may, on the basis of an information on oath, revoke or vary the order. The peace officer shall give notice of the revocation or variation to the person who is subject to the order as soon as feasible.

  • 2013, c. 18, s. 29.
Marginal note:Particulars — production orders

 An order made under subsection 40.3(1) shall require a person to produce the document to a peace officer named in the order within the time, at the place and in the form specified in the order.

  • 2013, c. 18, s. 29.
Marginal note:Probative force of copies

 Every copy of a document produced under subsection 40.3(1) is admissible in evidence in proceedings under this Part on proof by affidavit that it is a true copy and has the same probative force as the document would have if it were proved in the ordinary way.

  • 2013, c. 18, s. 29.
Marginal note:Application for exemption
  •  (1) A person named in an order made under subsection 40.3(1) may, before the order expires, apply in writing to the justice who issued the order, or to any other justice, for an exemption from the requirement to produce or to prepare and produce any document.

  • Marginal note:Notice

    (2) A person may only make the application if they give notice of their intention to do so to the peace officer named in the order to whom the document is to be produced within 15 days after the day on which the order is made.

  • Marginal note:Order suspended

    (3) The execution of the order is suspended until a final decision is made in respect of the application.

  • Marginal note:Exemption

    (4) The justice may grant the exemption if the justice is satisfied that

    • (a) the document, data or information would disclose information that is privileged or otherwise protected from disclosure by law;

    • (b) it is unreasonable to require the applicant to produce the document, data or information; or

    • (c) the document, data or information is not in the possession or control of the applicant.

  • 2013, c. 18, s. 29.
Marginal note:Self-incrimination

 No one is excused from complying with an order made under subsection 40.3(1) on the grounds that the document that they are required to produce may tend to criminate them or subject them to any criminal, civil or administrative action or proceeding. However, a document that an individual is required to prepare shall not be used or received in evidence against them in a criminal proceeding that is subsequently instituted against them, other than a prosecution for an offence under section 132, 136 or 137 of the Criminal Code.

  • 2013, c. 18, s. 29.
Marginal note:Notice to designated officer
  •  (1) If it appears to a conduct authority in respect of a member that the member has contravened a provision of the Code of Conduct and the conduct authority is of the opinion that the conduct measures provided for in the rules are insufficient, having regard to the gravity of the contravention and to the surrounding circumstances, the conduct authority shall initiate a hearing into the alleged contravention by notifying the officer designated by the Commissioner for the purpose of this section of the alleged contravention.

  • Marginal note:Limitation or prescription period

    (2) A hearing shall not be initiated by a conduct authority in respect of an alleged contravention of a provision of the Code of Conduct by a member after the expiry of one year from the time the contravention and the identity of that member as the one who is alleged to have committed the contravention became known to the conduct authority that investigated the contravention or caused it to be investigated.

  • R.S., 1985, c. R-10, s. 41;
  • R.S., 1985, c. 8 (2nd Supp.), s. 16;
  • 2013, c. 18, s. 29.
Marginal note:Conduct authority’s powers
  •  (1) If a conduct authority in respect of a member is satisfied, on a balance of probabilities, that the member has contravened a provision of the Code of Conduct and the conduct authority is of the opinion that the conduct measures provided for in the rules are sufficient, having regard to the gravity of the contravention and to the surrounding circumstances, the conduct authority may impose any one or more of those conduct measures against the member.

  • Marginal note:Limitation or prescription period

    (2) Conduct measures shall not be imposed under subsection (1) in respect of the contravention after the expiry of one year from the time the contravention and the identity of that member became known to the conduct authority that investigated the contravention or caused it to be investigated.

  • R.S., 1985, c. R-10, s. 42;
  • R.S., 1985, c. 8 (2nd Supp.), s. 16;
  • 1990, c. 8, s. 66;
  • 2002, c. 8, s. 182;
  • 2013, c. 18, s. 29.

Conduct Boards

Marginal note:Appointment
  •  (1) On being notified under subsection 41(1) of an alleged contravention of a provision of the Code of Conduct by a member, the officer designated for the purpose of that subsection shall, subject to the regulations, appoint one or more persons as members of a conduct board to decide whether the member contravened the provision.

  • Marginal note:Notice

    (2) As soon as feasible after making the appointment or appointments, the conduct authority who initiated the hearing shall serve the member with a notice in writing informing the member that a conduct board is to determine whether the member contravened a provision of the Code of Conduct.

  • Marginal note:Contents of notice

    (3) The notice may allege more than one contravention of any provision of the Code of Conduct and is to contain

    • (a) a separate statement of each alleged contravention;

    • (b) a statement of the particulars of the act or omission constituting each alleged contravention;

    • (c) the names of the members of the conduct board; and

    • (d) a statement of the member’s right to object to the appointment of any person as a member of the conduct board as provided in section 44.

  • Marginal note:Statement of particulars

    (4) The statement of particulars contained in the notice is to contain sufficient details, including, if practicable, the place and date of each contravention alleged in the notice, to enable the member who is served with the notice to identify each contravention in order that the member may prepare a response and direct it to the occasion and events indicated in the notice.

  • R.S., 1985, c. R-10, s. 43;
  • R.S., 1985, c. 8 (2nd Supp.), s. 16;
  • 2013, c. 18, s. 29.
Marginal note:Objection to appointment
  •  (1) Within seven days after the day on which a member is served with a notice under subsection 43(2), the member may object in writing to the designated officer referred to in subsection 43(1) to the appointment of any person as a member of the conduct board, and the designated officer shall, on receiving the objection, decide whether to reject the objection or to allow the objection and appoint another person as a member of the board.

  • Marginal note:Reasons for objection

    (2) The objection must contain reasons for the objection.

  • Marginal note:Notice

    (3) After the designated officer makes a decision under subsection (1) with respect to an objection, the designated officer shall serve the member making the objection with a notice in writing setting out the decision and the reasons for it, and, if the objection is allowed, the designated officer shall

    • (a) appoint another person as a new member of the conduct board; and

    • (b) set out in the notice

      • (i) the name of the other person, and

      • (ii) a statement of the member’s right to object to the appointment of the other person as provided in this section.

  • Marginal note:Objection to new person

    (4) The provisions of this section apply, with any modifications that the circumstances require, with respect to the appointment of a person under subsection (3) as though the notice setting out the name of the person were a notice referred to in subsection (1).

  • R.S., 1985, c. R-10, s. 44;
  • R.S., 1985, c. 8 (2nd Supp.), s. 16;
  • 2013, c. 18, s. 29.
 
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