40. (1) Where it appears to an officer or to a member in command of a detachment that a member under the command of the officer or member has contravened the Code of Conduct, the officer or member shall make or cause to be made such investigation as the officer or member considers necessary to enable the officer or member to determine whether that member has contravened or is contravening the Code of Conduct.
Marginal note:Member not excused from answering
(2) In any investigation under subsection (1), no member shall be excused from answering any question relating to the matter being investigated when required to do so by the officer or other member conducting the investigation on the ground that the answer to the question may tend to criminate the member or subject the member to any proceeding or penalty.
Marginal note:Answer not receivable
(3) No answer or statement made in response to a question described in subsection (2) shall be used or receivable in any criminal, civil or administrative proceedings, other than a hearing under section 45.1 into an allegation that with intent to mislead the member gave the answer or statement knowing it to be false.
Marginal note:Definition of “detachment”
(4) In this section and section 41, “detachment” includes such other unit of the Force as the Commissioner may, by rule, specify.
- R.S., 1985, c. R-10, s. 40;
- R.S., 1985, c. 8 (2nd Supp.), s. 16.
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