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

Act current to 2019-07-01 and last amended on 2017-09-21. Previous Versions

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

Establishment and Organization (continued)

Marginal note:Chairperson

  •  (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.

  • R.S., 1985, c. 8 (2nd Supp.), s. 16
  • 2013, c. 18, s. 35

Marginal note:Head office

  •  (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).

  • R.S., 1985, c. 8 (2nd Supp.), s. 16
  • 2013, c. 18, s. 35

Powers, Duties and Functions

Marginal note:Powers, duties and functions of Commission

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

  • R.S., 1985, c. 8 (2nd Supp.), s. 16
  • 2013, c. 18, s. 35

Marginal note:Review and report

  •  (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.

  • R.S., 1985, c. 8 (2nd Supp.), s. 16
  • 2013, c. 18, s. 35

Marginal note:Review for province

  •  (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.

  • R.S., 1985, c. 8 (2nd Supp.), s. 16
  • 1996, c. 15, s. 22
  • 2013, c. 18, s. 35

Marginal note:Powers

  •  (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).

  • R.S., 1985, c. 8 (2nd Supp.), s. 16
  • 2013, c. 18, s. 35

Marginal note:Service standards respecting time limits

 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.

  • R.S., 1985, c. 8 (2nd Supp.), s. 16
  • 2013, c. 18, s. 35

Marginal note:Education and information

 The Commission may implement public education and information programs to make its mandate better known to the public and may conduct research and consult and cooperate with any person or entity, in or outside Canada, in matters relating to its mandate.

  • R.S., 1985, c. 8 (2nd Supp.), s. 16
  • 2013, c. 18, s. 35

Information Provisions

Marginal note:Right of access

  •  (1) Subject to sections 45.4 and 45.42, the Commission is entitled to have access to any information under the control, or in the possession, of the Force that the Commission considers is relevant to the exercise of its powers, or the performance of its duties and functions, under Parts VI and VII.

  • Marginal note:Access to records

    (2) The entitlement to access includes the right to examine all or any part of a record and to be given a copy of all or any part of a record.

  • Marginal note:Identification

    (3) If the Commissioner is of the opinion that the disclosure of any information referred to in subsection (1), other than privileged information as defined in subsection 45.4(1), to any person or entity, other than a member, officer or employee of the Commission or a person acting on its behalf, gives rise to a risk of serious harm to a person, the Commissioner shall identify the information to the Commission when providing the Commission with access to the information.

  • Marginal note:Application

    (4) Except as provided by any other Act of Parliament that expressly refers to this section, this section applies despite any other Act of Parliament.

  • R.S., 1985, c. 8 (2nd Supp.), s. 16
  • 2013, c. 18, s. 35
 
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