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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)

Information Provisions (continued)

Marginal note:Use of privileged information

 If the Commission obtains access to privileged information in respect of a matter under subsection 45.4(2), the Commission may use that information only in respect of that matter.

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

Marginal note:Protection of information

  •  (1) The Commission may, by regulation, establish measures to protect the information under its control or in its possession.

  • Marginal note:Consultation and approval

    (2) Subject to subsection 45.47(2), if the Commission obtains access to information referred to in subsection 45.39(3) or to privileged information from the Force, no member, officer or employee of the Commission and no other person acting on its behalf shall distribute any report or other document that contains or discloses the information or any part of it without having first obtained the approval of the Commissioner.

  • Marginal note:Time limit

    (3) The Commissioner shall indicate whether he or she approves the distribution of a report or other document under subsection (2) as soon as feasible after being consulted under that subsection.

  • Marginal note:Regulations

    (4) The Governor in Council may make regulations respecting measures to protect the information under the control, or in the possession, of the Commission.

  • Marginal note:Conflict or inconsistency

    (5) In the event of a conflict or inconsistency between the regulations made under subsections (1) and (4), the regulations made under subsection (4) prevail to the extent of the conflict or inconsistency.

  • Marginal note:Duty to comply with regulations

    (6) Subject to subsection (5), every member, employee and officer of the Commission and every person acting on its behalf shall comply with the regulations made under subsections (1) and (4).

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

Marginal note:Security requirements

  •  (1) Every member, employee and officer of the Commission and every other person acting on its behalf and every former judge or other individual appointed under subsection 45.41(1) shall

    • (a) obtain and maintain the necessary security clearance from the Government of Canada and take the oath of secrecy prescribed by regulation;

    • (b) comply with all security requirements under this Part and the Security of Information Act; and

    • (c) follow established procedures or practices, including any requirement found in a Treasury Board policy, guideline or directive, for the secure handling, storage, transportation and transmission of information or documents.

  • Marginal note:Regulations

    (2) The Governor in Council may, by regulation, prescribe the oath of secrecy referred to in paragraph (1)(a).

  • R.S., 1985, c. 8 (2nd Supp.), s. 16
  • 1996, c. 15, s. 23
  • 2013, c. 18, ss. 34, 35

Marginal note:Safeguards — third party

  •  (1) The Commission shall not disclose information referred to in subsection 45.39(3) that it has received from the Force to any person or entity other than a member, employee or officer of the Commission or a person acting on its behalf unless the Commissioner advises the Commission that he or she is satisfied that

    • (a) the person or entity will take reasonable measures to protect that information;

    • (b) the person or entity will require all of its members, employees, officers and other persons acting on its behalf to meet requirements that are equivalent to the requirements referred to in section 45.45; and

    • (c) the person or entity has agreed to any measures that would assist the Force to verify compliance with the obligations described in paragraphs (a) and (b), which may include agreeing to permit the Force to enter and inspect the premises of the person or entity and any information storage facilities and to provide any information or documents requested by the Force.

  • Marginal note:Time limit

    (2) When the Commission indicates to the Commissioner that it wishes to disclose information referred to in subsection 45.39(3) to a person or entity other than a member, employee or officer of the Commission or a person acting on its behalf, the Commissioner shall, as soon as feasible, indicate to the Commission whether he or she is satisfied that the person or entity has met the requirements of paragraphs (1)(a) and (b) and has agreed to the measures referred to in paragraph (1)(c).

  • Marginal note:Regulations

    (3) The Governor in Council may make regulations respecting the disclosure by the Commission of information referred to in subsection 45.39(3) to persons or entities other than a member, employee or officer of the Commission or a person acting on its behalf and the measures that the persons or entities receiving the information are to take to protect the information.

  • Marginal note:Duties to comply

    (4) Every person who has received information under this section shall comply with the regulations made under subsection (3).

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

Marginal note:Disclosure by Commission prohibited

  •  (1) Except as authorized under subsection (2), no member, officer or employee of the Commission or other person acting on its behalf shall provide information to any person, or allow any person to have access to information, knowing that the information is privileged information to which he or she had access under subsection 45.4(2) or being reckless as to whether the information is such privileged information.

  • Marginal note:Authorized disclosure

    (2) Every person who is otherwise prohibited from disclosing privileged information under subsection (1) may, if authorized by the Chairperson, disclose that information

    • (a) to the Attorney General of Canada or of a province if, in the opinion of the Chairperson, the information relates to the commission of an offence under federal or provincial law by a director, an officer or an employee of a government institution and there is evidence of such an offence and the information is required in criminal proceedings, either by indictment or on summary conviction, that have been commenced by the laying of an information or the preferring of an indictment, under an Act of Parliament;

    • (b) to the Minister other than in an annual report referred to in section 45.52;

    • (c) to the Commissioner if, in the opinion of the Chairperson, the information is required for the purpose of enabling the Commissioner to exercise his or her powers or perform his or her duties and functions under this Act; and

    • (d) to a former judge or other individual for the purposes of section 45.41.

  • Marginal note:Disclosure of privileged information — proceedings

    (3) A member, officer or employee of the Commission or other person acting on its behalf shall not be required, in connection with any criminal, civil or administrative action or proceeding, to give or produce evidence relating to privileged information to which he or she had access under subsection 45.4(2).

  • Marginal note:Application

    (4) Except as provided by any other Act of Parliament that expressly refers to it, this section applies despite any other Act of Parliament other than the Access to Information Act and the Privacy Act.

  • Marginal note:Application

    (5) This section applies despite subsection 13(1) of the Auditor General Act and subsection 79.4(1) of the Parliament of Canada Act.

  • R.S., 1985, c. 8 (2nd Supp.), s. 16
  • 2013, c. 18, s. 35
  • 2017, c. 20, s. 173.1

Marginal note:Disclosure by former judge or other individual prohibited

 A former judge or other individual appointed under subsection 45.41(1) shall not provide information to any person, or allow any person to have access to information, knowing that the information is privileged information to which he or she had access under subsection 45.41(3) or being reckless as to whether the information is such privileged information.

  • 2012, c. 19, s. 369
  • 2013, c. 18, s. 35

Rules

Marginal note:Rules

  •  (1) Subject to the provisions of this Act and the regulations, the Commission may make rules respecting

    • (a) the sittings of the Commission;

    • (b) the fixing of the quorum for the performance of its duties and functions;

    • (c) the manner of dealing with matters and business before the Commission generally, including the practice and procedure before the Commission;

    • (d) the apportionment of the Commission’s work among its members; and

    • (e) the performance of the duties and functions of the Commission under this Act generally.

  • Marginal note:Publication of proposed rules

    (2) A copy of each rule that the Commission proposes to make shall be published in the Canada Gazette and a reasonable opportunity shall be given to interested persons to make representations with respect to it.

  • Marginal note:Exception

    (3) A proposed rule need not be published more than once, whether or not it has been amended as a result of any representations.

  • 2012, c. 19, s. 369
  • 2013, c. 18, s. 35
 
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