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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 VII.2Review of Integrated Cross-Border Law Enforcement Operations (continued)

Purpose

Marginal note:Purpose

 The purpose of this Part is

  • (a) to set out the role of the Commission in dealing with complaints relating to integrated cross-border operations and in reviewing those operations; and

  • (b) to establish certain requirements with respect to the investigation of serious incidents related to integrated cross-border operations.

  • 2013, c. 18, s. 78

Application of Sections 45.34 to 45.51

Marginal note:Application of certain provisions

 Sections 45.34 to 45.51, other than subsection 45.34(5) and section 45.35, apply in this Part, with the following modifications and the modifications that the circumstances require:

  • (a) a reference to this Act or the Witness Protection Program Act in subsection 45.34(1) and paragraph 45.47(2)(c) is to be read as a reference to the Integrated Cross-border Law Enforcement Operations Act;

  • (b) a reference to the Commissioner, other than in subsection 45.4(5), is to be read as a reference to the Central Authority;

  • (c) a reference to the Commissioner in subsection 45.4(5) is to be read as a reference to the Commissioner acting as the Central Authority;

  • (d) a reference to the activities of the Force in subsection 45.34(1) is to be read as a reference to integrated cross-border operations;

  • (e) a reference to the operation of the Force in subsections 45.34(1) and (4) is to be read as a reference to integrated cross-border operations;

  • (f) a reference to section 45.35 in subsections 45.36(1) and 45.4(2) is to be read as a reference to section 45.92;

  • (g) a reference to the Force in subsections 45.39(1) and 45.4(2), the portion of subsection 45.42(1) before paragraph (a), subsection 45.44(2) and the portion of subsection 45.46(1) before paragraph (a) is to be read as a reference to the Force, the Central Authority or a designated officer who was appointed under subsection 7(1) of the Integrated Cross-border Law Enforcement Operations Act;

  • (h) a reference to the Force in subsection 45.41(8) and paragraphs 45.42(1)(c) and (d) and 45.46(1)(c) is to be read as a reference to the Central Authority;

  • (i) a reference to Parts VI and VII in subsection 45.39(1) is to be read as a reference to sections 45.91 to 45.93, subsection 45.94(2), sections 45.95 to 45.97 and the provisions that apply in Part VII.2 as a result of section 45.9 and subsection 45.94(1);

  • (j) a reference to a member or other person appointed or employed under the authority of Part I in paragraphs 45.4(1)(f) and 45.42(1)(a) and (c) is to be read as a reference to a designated officer who was appointed under paragraph 7(1)(a) of the Integrated Cross-border Law Enforcement Operations Act;

  • (k) a reference to a meeting held or to be held between the Commission and the Force in paragraph 45.42(1)(e) is to be read as a reference to a meeting held or to be held with the Commission;

  • (l) a reference to Part VII in subsection 45.4(2) is to be read as a reference to sections 45.91 to 45.93, subsection 45.94(2), sections 45.95 to 45.97 and the provisions that apply in Part VII.2 as a result of section 45.9 and subsection 45.94(1); and

  • (m) the reference to section 45.52 in paragraph 45.47(2)(b) is to be read as a reference to section 45.93.

  • 2013, c. 18, s. 78

Reporting

Marginal note:Copy of report to provincial ministers

 The Commission may provide a copy of any report referred to in section 45.34 that is prepared under this Part to the provincial minister who has the primary responsibility for policing in any province in which integrated cross-border operations may be carried out.

  • 2013, c. 18, s. 78

Marginal note:Review for province

  •  (1) The provincial minister who has the primary responsibility for policing in a province may ask the Minister to request that the Commission conduct a review of specified integrated cross-border operations carried out 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 it and the Central Authority 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 integrated cross-border operations are carried out in accordance with the Integrated Cross-border Law Enforcement Operations Act, any regulations or ministerial directions made under that Act or any policy, procedure or guideline relating to those operations; and

    • (b) the adequacy, appropriateness, sufficiency or clarity of any policy, procedure or guideline relating to those operations.

  • 2013, c. 18, s. 78

Marginal note:Annual report — provinces

  •  (1) The Commission shall, for each fiscal year, if a complaint has been made or disposed of in that fiscal year under this Part in respect of integrated cross-border operations carried out in a province, submit to the provincial minister who has the primary responsibility for policing in that province a report setting out the number and nature of complaints relating to conduct that occurred in that province, how those complaints were disposed of, if applicable, and identifying trends, if any. The Commission shall submit a copy of that report to the Minister and the Commissioner.

  • Marginal note:Performance in relation to time limits

    (2) Every report must contain information respecting the Commission’s performance in relation to the service standards established under section 45.37.

  • 2013, c. 18, s. 78

Investigation, Review and Hearing of Complaints

Marginal note:Application of certain provisions

  •  (1) Sections 45.53 to 45.78, other than subsection 45.57(2) and sections 45.62 and 45.75, apply in this Part with the following modifications and the modifications that the circumstances require:

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

    • (c) a reference to a member or other person appointed or employed under Part I, other than in paragraph 45.53(8)(b), is to be read as a reference to a designated officer;

    • (d) a reference to Part IV in subsection 45.53(3) is to be read as a reference to Part IV or to the law of a province, of the United States or of a state of the United States that is comparable to Part IV;

    • (e) a reference to the Force, other than in subsection 45.53(11), section 45.6, subsections 45.61(1) to (3), paragraph 45.71(3)(b) and section 45.78, is to be read as a reference to the Central Authority;

    • (f) a reference to the Force in section 45.6, subsections 45.61(1) to (3) and paragraph 45.71(3)(b) is to be read as a reference to the person or persons designated by the Central Authority to deal with a complaint;

    • (g) a reference to the Force in subsection 45.53(11) and section 45.78 is to be read as a reference to the Central Authority and to the person or persons designated by the Central Authority to deal with a complaint;

    • (h) a reference to a member or other person in subsection 45.57(1) or to a member in subsection 45.65(6) is to be read as a reference to a designated officer; and

    • (i) a reference to this Act or the Witness Protection Program Act in subsections 45.53(1) and 45.59(1) is to be read as a reference to the Integrated Cross-border Law Enforcement Operations Act.

  • Marginal note:Disclosure and use for disciplinary purposes

    (2) Representations referred to in subsection 45.57(1), including any personal information contained in them, that are received by the Commission under this Part in relation to the complaint shall be disclosed as soon as feasible to the Central Authority. The Central Authority may share those representations with the following persons, but only for the purpose of any disciplinary action that may be taken against the designated officer whose conduct is the subject matter of the complaint:

    • (a) any person who the Central Authority considers to be an appropriate person to take that disciplinary action, if that designated officer was appointed under subsection 7(1) of the Integrated Cross-border Law Enforcement Operations Act; or

    • (b) the person designated as the Central Authority for the United States for the purpose of implementing the Agreement as defined in section 2 of that Act, if that designated officer was appointed under subsection 8(1) of that Act.

  • 2013, c. 18, s. 78
 
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