Government of Canada / Gouvernement du Canada
Symbol of the Government of Canada

Search

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

Act current to 2019-11-19 and last amended on 2019-07-12. Previous Versions

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

Information Provisions (continued)

Marginal note:Former judge or other individual

  •  (1) If the Commissioner refuses access to privileged information sought by the Commission under subsection 45.4(2), the Minister shall, at the request of the Commission, appoint a former judge of a superior court of a province or the Federal Court or an individual who is a member of a prescribed category of individuals to review the information and make observations to the Commission and the Commissioner. In order to be appointed, the former judge or other individual shall obtain a security clearance from the Government of Canada and shall take the oath of secrecy referred to in paragraph 45.45(1)(a).

  • Marginal note:Notice of appointment

    (2) The Minister shall provide notice to the Chairperson and the Commissioner when a former judge or other individual has been appointed in accordance with subsection (1). The Chairperson and the Commissioner shall make their representations to the former judge or other individual within 30 days after the day on which the notice is sent or within any longer period, not exceeding 60 days, that the former judge or other individual may permit.

  • Marginal note:Former judge or other individual to have access

    (3) The former judge or other individual shall have access to privileged information for the purposes of the review.

  • Marginal note:Observations

    (4) The former judge or other individual shall review the privileged information and provide his or her observations to the Chairperson and the Commissioner

    • (a) regarding the privileged nature of the information; and

    • (b) regarding the relevance and necessity of the information to the matter before the Commission.

  • Marginal note:Prohibition

    (5) The former judge or other individual shall not include information that reveals privileged information or from which it may be inferred in the observations provided under subsection (4).

  • Marginal note:Factors to consider

    (6) The former judge or other individual shall, before making any observations, consider the following factors:

    • (a) the reasons for which the Commission is seeking access to the information;

    • (b) the Commissioner’s reasons for refusing access to the information; and

    • (c) whether the Commission can properly exercise its powers or perform its duties and functions without access to the information.

  • Marginal note:Time limit

    (7) The observations of the former judge or other individual shall be made within 30 days after the day on which the period referred to in subsection (2) expires or within any longer period, not exceeding 60 days, that the Minister permits.

  • Marginal note:Confidentiality

    (8) The observations of the former judge or other individual are confidential and shall not be disclosed by the judge or other individual, the Commission or the Force, except to the Minister.

  • Marginal note:Immunity and no summons

    (9) Section 45.5 applies to the former judge or other individual as if he or she were a member of the Commission.

  • Marginal note:Observations to be taken into account

    (10) After receiving the observations of the former judge or other individual, the Chairperson shall review the Commission’s decision to seek access and the Commissioner shall review his or her decision to refuse access, taking those observations into account.

  • Marginal note:Restriction

    (11) An application for judicial review shall not be made in connection with the Commission’s decision to seek access to privileged information, or the Commissioner’s refusal to allow access to privileged information, until the former judge or other individual has made his or her observations.

  • Marginal note:Regulations

    (12) The Governor in Council may, by regulation, prescribe categories of individuals for the purposes of subsection (1).

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

Marginal note:Exceptions

  •  (1) Despite section 45.4, the Commission shall not have access to information under the control, or in the possession, of the Force if the information reveals

    • (a) information relating to a request made by a member or other person appointed or employed under the authority of Part I for legal assistance or indemnification from Her Majesty in right of Canada;

    • (b) communications referred to in subsection 47.1(2);

    • (c) information that is protected by the privilege that exists between legal counsel and their client and that relates to the provision of advice to a member or other person appointed or employed under the authority of Part I when the privilege may be claimed by the member or other person and not the Force;

    • (d) information that is protected by the privilege that exists between legal counsel and their client when the privilege may be claimed by the Force and that relates to the Force’s dealings with the Commission, including

      • (i) legal opinions relating to the way in which the Force should conduct itself in regard to the Commission, and

      • (ii) minutes of meetings held by the Force relating to the way in which the Force should conduct itself in regard to the Commission; and

    • (e) any report prepared for the Commissioner in respect of a meeting held or to be held between the Commission and the Force and containing analysis or advice relating to the meeting.

  • Marginal note:Exception — confidences

    (2) Nothing in this Part authorizes a person to disclose to the Commission a confidence of the Queen’s Privy Council for Canada in respect of which subsection 39(1) of the Canada Evidence Act applies, and the Commission may not use the confidence if it is disclosed.

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

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
 
Date modified: