Integrated Cross-border Law Enforcement Operations Act (S.C. 2012, c. 19, s. 368)

Short Title

Marginal note:Short title

1 This Act may be cited as the Integrated Cross-border Law Enforcement Operations Act.

Interpretation

Marginal note:Definitions

2 The following definitions apply in this Act.

Agreement

Agreement means the Framework Agreement on Integrated Cross-Border Maritime Law Enforcement Operations between the Government of Canada and the Government of the United States of America signed on May 26, 2009. (accord)

designated officer

designated officer means an individual appointed as a cross-border maritime law enforcement officer by

• (a) the Central Authority for Canada under subsection 7(1) or 8(1); and

• (b) the person designated as the Central Authority for the United States for the application of the Agreement. (agent désigné)

integrated cross-border operation

integrated cross-border operation means the deployment of a vessel crewed jointly by designated officers from Canada and the United States for cross-border law enforcement purposes in undisputed areas of the sea or internal waters along the international boundary between Canada and the United States. (opération transfrontalière intégrée)

Purpose

Marginal note:Purpose

3 The purpose of this Act is to implement the Agreement, the objectives of which are to provide additional means to prevent, detect and suppress criminal offences and violations of the law in undisputed areas of the sea or internal waters along the international boundary between Canada and the United States and to facilitate the investigation and prosecution of such offences and violations.

Principles

Marginal note:Statement

4 It is recognized and declared that

• (a) Canada and the United States have a common interest in the security of the undisputed areas of the sea or internal waters along the international boundary between Canada and the United States;

• (b) integrated cross-border operations must

  • (i) respect the sovereignty of Canada and the United States,

  • (ii) be conducted in accordance with the rule of law, and

  • (iii) be conducted as directed by a designated officer from the host country; and

• (c) in Canada, integrated cross-border operations must be conducted in a manner respecting the rights and freedoms guaranteed by the Canadian Charter of Rights and Freedoms.

Central Authority for Canada

Marginal note:Designation

5 For the purposes of implementing the Agreement, the Central Authority for Canada is the Commissioner of the Royal Canadian Mounted Police or his or her delegate.

Marginal note:Direction and management

6 The Central Authority for Canada has, in cooperation with the person designated as the Central Authority for the United States for the purposes of implementing the Agreement, responsibility for the direction and management of integrated cross-border operations.

Marginal note:Appointment of officers from Canada

• 7 (1) The Central Authority for Canada may appoint as a cross-border maritime law enforcement officer an individual who is

  • (a) a member of the Royal Canadian Mounted Police;

  • (b) a police officer appointed or employed under the law of a province; or

  • (c) a pilot, co-pilot, observer or other member of the crew of an aircraft that is operated by the Royal Canadian Mounted Police or a police service established under the law of a province and that is used to provide aerial support in an integrated cross-border operation.

• Marginal note:Criterion for appointment

  (2) An individual may be appointed under subsection (1) only if they have satisfactorily completed the required training, approved by the Central Authority for Canada, for appointment as a designated officer.

Marginal note:Appointment of officers from United States

• 8 (1) The Central Authority for Canada may appoint as a cross-border maritime law enforcement officer an individual who is

  • (a) a commissioned, warrant or petty officer of the United States Coast Guard;

  • (b) a police officer or other law enforcement officer appointed or employed under the law of the United States or of a state of the United States; or

  • (c) a pilot, co-pilot, observer or other member of the crew of an aircraft that is operated by the United States Coast Guard or a police service, or other law enforcement agency of the United States or of a state of the United States, and that is used to provide aerial support in an integrated cross-border operation.

• Marginal note:Criteria for appointment

  (2) An individual may be appointed under subsection (1) only if

  • (a) they have been recommended for appointment by the person designated as the Central Authority for the United States for the application of the Agreement; and

  • (b) they have satisfactorily completed the required training, approved by the Central Authority for Canada, for appointment as a designated officer.

Marginal note:Suspension or revocation

9 The Central Authority for Canada may suspend or revoke the appointment of any designated officer.

Marginal note:Certificates

• 10 (1) The Central Authority for Canada may issue a certificate to any designated officer stating that the person to whom it is issued is a designated officer for the purposes of this Act.

• Marginal note:Evidence of appointment or designation

  (2) Any document purporting to be a certificate referred to in subsection (1) is evidence in all courts and in all proceedings of the facts stated in it.

Marginal note:Recommendation for appointment

11 The Central Authority for Canada may recommend, to the person designated as the Central Authority for the United States for the purposes of implementing the Agreement, that an individual described in paragraph 7(1)(a), (b) or (c) be appointed as a cross-border maritime law enforcement officer in the United States.

Powers of Designated Officers

Marginal note:Powers — designated officer

12 Every designated officer has the same power to enforce an Act of Parliament as a member of the Royal Canadian Mounted Police when

• (a) participating in an integrated cross-border operation; or

• (b) 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.

Detention of Persons

Marginal note:Persons taken into custody

• 13 (1) The laws of Canada apply to any person detained or taken into custody within Canada in the course of an integrated cross-border operation.

• Marginal note:Removal from Canada

  (2) No person referred to in subsection (1) may be removed from Canada, except in accordance with the laws of Canada.

Seizure

Marginal note:Vessel, etc., seized in Canada

• 14 (1) The laws of Canada apply to any vessel or other thing seized within Canada in the course of an integrated cross-border operation.

• Marginal note:Removal from Canada

  (2) Subject to subsection (3), no vessel or other thing referred to in subsection (1) may be removed from Canada, except in accordance with the laws of Canada.

• Marginal note:Exception

  (3) A vessel or other thing referred to in subsection (1) may be removed from Canada in situations of operational or geographical necessity, including situations in which

  • (a) before delivering the vessel or thing to the place where it is to be delivered in Canada, designated officers are required to participate in a continuing integrated cross-border operation or respond to an emergency in the waters of the United States;

  • (b) due to poor weather or mechanical difficulties with a vessel operated by designated officers, it is necessary to transit through the waters of the United States in order to reach the nearest port; or

  • (c) the navigable shipping channels between the location in Canada where the vessel or thing was seized and the place where the vessel or thing is to be delivered in Canada pass through the waters of the United States.

Marginal note:Vessel, etc., seized in United States

15 A vessel or other thing seized in the United States in the course of an integrated cross-border operation remains in the custody and control of the American designated officer if it is brought into Canada in situations of operational or geographical necessity, including situations in which

• (a) before delivering the vessel or thing to the place where it is to be delivered in the United States, designated officers are required to participate in a continuing integrated cross-border operation or respond to an emergency in the waters of Canada;

• (b) due to poor weather or mechanical difficulties with a vessel operated by designated officers, it is necessary to transit through the waters of Canada in order to reach the nearest port; or

• (c) the navigable shipping channels between the location in the United States where the vessel or thing was seized and the place where the vessel or thing is to be delivered in the United States pass through the waters of Canada.

Marginal note:Non-application of certain laws

16 No Act of Parliament relating to the import or export of goods applies to the import or export of a vessel or other thing by a designated officer in the circumstances described in subsection 14(3) or section 15.