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Jobs, Growth and Long-term Prosperity Act (S.C. 2012, c. 19)

Assented to 2012-06-29

R.S., c. R-10Amendments to the Royal Canadian Mounted Police Act

 The Royal Canadian Mounted Police Act is amended by adding the following after section 45.47:

Integrated Cross-border Law Enforcement Operations Act

Marginal note:Definitions

45.48 The following definitions apply in sections 45.49 to 45.51.

“Central Authority”

« autorité centrale »

“Central Authority” means the Central Authority for Canada, as designated under section 5 of the Integrated Cross-border Law Enforcement Operations Act.

“designated officer”

« agent désigné »

“designated officer” has the same meaning as in section 2 of the Integrated Cross-border Law Enforcement Operations Act.

“integrated cross-border operation”

« opération transfrontalière intégrée »

“integrated cross-border operation” has the same meaning as in section 2 of the Integrated Cross-border Law Enforcement Operations Act.

Marginal note:Complaints by public
  • 45.49 (1) Any member of the public who has a complaint concerning the conduct of a designated officer in the performance of any duty or function in the course of an integrated cross-border operation may, whether or not that member of the public is affected by the subject matter of the complaint, make a complaint to

    • (a) the Commission;

    • (b) any member, as defined in subsection 2(1) or other person appointed or employed under the authority of this Act; or

    • (c) the provincial authority in the province in which the subject matter of the complaint arose that is responsible for the receipt and investigation of complaints by the public against police.

  • Marginal note:Acknowledgment of complaint

    (2) Every complaint under subsection (1) shall be acknowledged in writing.

  • Marginal note:Notification — Central Authority and Commission

    (3) The Central Authority shall be notified of every complaint made under subsection (1), and the Commission shall be notified of every complaint made under paragraph (1)(b) or (c).

  • Marginal note:Notification — designated officer

    (4) On being notified of the complaint, the Central Authority shall notify, in writing, the designated officer whose conduct is the subject matter of the complaint of its substance unless, in the Central Authority’s opinion, to do so might adversely affect or hinder any investigation that is being or may be carried out in respect of the complaint.

Marginal note:Application of certain sections
  • 45.5 (1) Sections 45.36 to 45.47 apply in respect of a complaint made under subsection 45.49(1), with the following modifications:

    • (a) a reference to the Commissioner is 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 a reference to a designated officer whose conduct is the subject matter of the complaint;

    • (c) a reference to subsection 45.35(1) is a reference to subsection 45.49(1);

    • (d) a reference, other than in paragraph 45.41(2)(b), to the Force is a reference to the person or persons designated for that purpose by the Central Authority; and

    • (e) the reference in paragraph 45.41(2)(b) to the Force is a reference to the Central Authority.

  • Marginal note:Joint investigation

    (2) An investigation under paragraph 45.42(3)(c) may be carried out jointly with a body designated by the Commission Chairman.

  • Marginal note:Reports

    (3) Reports referred to in section 45.4 and subsection 45.46(3) shall also be sent to the minister responsible for policing in the province where the conduct that is the subject matter of the complaint took place.

Marginal note:Annual report

45.51 The Commission Chairman shall send the report referred to in section 45.34 to the minister responsible for policing in each province where integrated cross-border operations took place during that year.

 The Act is amended by adding the following after section 50:

Marginal note:Exception

50.1 Paragraph 50(a) does not apply to a designated officer as defined in section 45.48 who was appointed under subsection 8(1) of the Integrated Cross-border Law Enforcement Operations Act.

Consequential Amendments

R.S., c. C-46Criminal Code

 The definition “peace officer” in section 2 of the Criminal Code is amended by adding the following after paragraph (c):

  • (c.1) a designated officer as defined in section 2 of the Integrated Cross-border Law Enforcement Operations Act, when

    • (i) participating in an integrated cross-border operation, as defined in section 2 of that Act, or

    • (ii) engaging in an activity incidental to such an operation, including travel for the purpose of participating in the operation and appearances in court arising from the operation;

R.S., c. 1 (2nd Supp.)Customs Act

Marginal note:2001, c. 25, s. 10(2)

 Paragraphs 11(6)(a) and (b) of the Customs Act are replaced by the following:

  • (a) holds an authorization issued by the Minister under subsection 11.1(1) to present himself or herself in a prescribed alternative manner and who presents himself or herself in the manner authorized for that person; or

  • (b) is a member of a prescribed class of persons authorized by regulations made under subsection 11.1(3) to present himself or herself in a prescribed alternative manner and who presents himself or herself in the manner authorized for that class.

Marginal note:2001, c. 25, s. 11

 Paragraph 11.1(3)(a) of the Act is replaced by the following:

  • (a) prescribing classes of persons who are, and classes of persons who may be, authorized to present themselves in alternative manners;

Coming into Force

Marginal note:Order in council

 This Division comes into force on a day to be fixed by order of the Governor in Council.

Division 13R.S., c. B-7Bretton Woods and Related Agreements Act

Marginal note:1998, c. 21, s. 127

 Section 7 of the Bretton Woods and Related Agreements Act is replaced by the following:

Marginal note:Payment to International Monetary Fund

7. The Minister of Finance may provide for payment out of the Consolidated Revenue Fund to the International Monetary Fund in the manner and at the times provided for by the Agreement set out in Schedule I of a sum or sums of money, not exceeding in the whole an amount equivalent to the subscriptions required from or permitted to be made by Canada, namely, eleven billion, twenty-three million, nine hundred thousand Special Drawing Rights.

Marginal note:1993, c. 34, s. 11

 Section 13 of the Act is replaced by the following:

Marginal note:Annual report

13. The Minister of Finance shall cause to be laid before Parliament, on or before September 30 next following the end of each calendar year or, if Parliament is not then sitting, on any of the first thirty days next thereafter that either House of Parliament is sitting, a report containing a general summary of operations under this Act and details of all those operations that directly affect Canada, including the resources and lending of the World Bank Group, the funds subscribed or contributed by Canada, borrowings in Canada and procurement of Canadian goods and services.

Division 14R.S., c. C-6Canada Health Act

 Paragraph (b) of the definition “insured person” in section 2 of the Canada Health Act is repealed.

Division 15R.S., c. C-23Canadian Security Intelligence Service Act

Amendments to the Act

 The definition “Inspector General” in section 2 of the Canadian Security Intelligence Service Act is repealed.

 Section 6 of the Act is amended by adding the following after subsection (3):

  • Marginal note:Periodic reports by Director

    (4) The Director shall, in relation to every 12-month period or any lesser period that is specified by the Minister, submit to the Minister, at any times that the Minister specifies, reports with respect to the Service’s operational activities during that period, and shall cause the Review Committee to be given a copy of each such report.

 The heading before section 30 and sections 30 to 33 of the Act are repealed.

  •  (1) Subparagraph 38(a)(i) of the Act is repealed.

  • (2) Section 38 of the Act is renumbered as subsection 38(1) and is amended by adding the following:

    • Marginal note:Review Committee’s other functions

      (2) As soon as the circumstances permit after receiving a copy of a report referred to in subsection 6(4), the Review Committee shall submit to the Minister a certificate stating the extent to which it is satisfied with the report and whether any of the Service’s operational activities described in the report, in its opinion,

      • (a) is not authorized by or under this Act or contravenes any directions issued by the Minister under subsection 6(2); or

      • (b) involves an unreasonable or unnecessary exercise by the Service of any of its powers.

 Paragraph 39(2)(a) of the Act is replaced by the following:

  • (a) to have access to any information under the control of the Service that relates to the performance of the duties and functions of the Committee and to receive from the Director and employees such information, reports and explanations as the Committee deems necessary for the performance of its duties and functions; and

 
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