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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)

Investigation, Review and Hearing of Complaints (continued)

Marginal note:Joint investigations, etc.

  •  (1) If a complaint concerns the conduct of a designated officer, the Commission may conduct an investigation, review or hearing of that complaint jointly with an authority that is responsible for investigations, reviews or hearings with respect to complaints from the public against law enforcement officers in any relevant jurisdiction, whether in or outside Canada.

  • Marginal note:Regulations

    (2) The Governor in Council may make regulations respecting investigations, reviews or hearings conducted jointly under subsection (1).

  • 2013, c. 18, s. 78

Marginal note:Rules

 The Central Authority may make rules respecting the procedures to be followed by the Central Authority, or by any person or persons designated by the Central Authority to deal with a complaint, in investigating, disposing of or otherwise dealing with complaints made under this Part.

  • 2013, c. 18, s. 78

Marginal note:Final reports

 The Chairperson of the Commission shall send any report referred to in subsection 45.72(2) or 45.76(3) that is prepared under this Part to the provincial minister who has the primary responsibility for policing in any province in which the integrated cross-border operation was carried out.

  • 2013, c. 18, s. 78

Serious Incidents

Marginal note:Application of certain provisions

 Sections 45.8 to 45.87 apply in this Part, with a modification in section 45.8 to read the reference to the Commissioner as a reference to the Central Authority, and with the modifications that the circumstances require.

  • 2013, c. 18, s. 78

Marginal note:Notification

 When the Central Authority notifies a designated authority under section 45.8 of a serious incident, the Central Authority shall also notify the Commissioner of it.

  • 2013, c. 18, s. 78

Marginal note:Notification — investigative body

  •  (1) If an investigation is commenced in respect of a serious incident, the Commissioner shall, as soon as feasible after that commencement, advise the Central Authority of the investigative body or the police force responsible for the investigation.

  • Marginal note:Notification — observer

    (2) If the Commissioner becomes aware that an observer has been appointed by a designated authority or the Commission to assess the impartiality of an investigation of a serious incident, the Commissioner shall, as soon as feasible after becoming aware of it, advise the Central Authority of the appointment.

  • Marginal note:Notification — recommendations, etc.

    (3) The Commissioner shall send to the Central Authority, as soon as feasible,

    • (a) any recommendations referred to in section 45.84 that the Force receives from an observer under this Part;

    • (b) any report referred to in subsection 45.85(1) that is provided to the Commissioner by an observer under this Part; and

    • (c) any response referred to in subsection 45.85(2) that the Commissioner provides under this Part.

  • 2013, c. 18, s. 78

PART VIIIGeneral

Miscellaneous Provisions having General Application

Definition of board

  •  (1) In this section and sections 47 to 47.3, board means

    • (a) a board of inquiry appointed under section 24.1;

    • (b) a conduct board appointed under section 43 or 44; and

    • (c) the Committee, except for the purposes of subsection (4).

  • Definition of board — sections 47.1 to 47.3

    (1.1) In sections 47.1 to 47.3, board includes the Commission.

  • Marginal note:Proceedings

    (2) All proceedings before a board shall be dealt with by the board as informally and expeditiously as the circumstances and considerations of fairness permit.

  • Marginal note:Witness fees

    (3) Any person, other than a member, summoned to attend at any proceeding before a board is entitled, in the discretion of the board, to receive the like fees and allowances for so attending as if summoned to attend before the Federal Court.

  • Marginal note:Rules

    (4) Subject to subsection (5), the Commissioner may make rules governing the proceedings, practice and procedure before a board, other than the Commission, and the performance of the duties and functions of a board, other than the Commission, under this Act.

  • Marginal note:Idem

    (5) The Minister may make rules governing the proceedings, practice and procedure before a board of inquiry appointed by the Minister under section 24.1 and the performance of the duties and functions of such a board under this Act or the Minister may adopt as such rules the rules or any part of the rules made under subsection (4).

  • R.S., 1985, c. R-10, s. 46
  • R.S., 1985, c. 8 (2nd Supp.), s. 18
  • 2013, c. 18, ss. 36, 77

Marginal note:Immunity

 No criminal or civil proceedings lie against any person for anything done, reported or said in good faith in any proceedings before a board.

  • R.S., 1985, c. R-10, s. 47
  • R.S., 1985, c. 8 (2nd Supp.), s. 18

Marginal note:Immunity

 No criminal, civil or administrative action or proceeding lies against a conduct authority, or any person appointed as a member of a conduct board, for anything done, reported or said in good faith in the course of the exercise or performance or purported exercise or performance of any power, duty or function under Part IV.

  • 2013, c. 18, s. 37

Marginal note:Representation

  •  (1) Subject to any rules made under subsection (3) a member or a conduct authority may be represented or assisted by any person in any

    • (a) presentation of a grievance under Part III;

    • (b) proceeding before a board; or

    • (c) appeal under subsection 45.11(1) or (3).

  • Marginal note:Privilege

    (2) If a member or conduct authority is represented or assisted by another person, communications passing in confidence between them in relation to the grievance, proceeding or appeal are, for the purposes of this Act, privileged as if they were communications passing in professional confidence between the member or the conduct authority and their legal counsel.

  • Marginal note:Rules

    (3) The Commissioner may make rules prescribing

    • (a) the persons or classes of person who may not represent or assist a member or conduct authority; and

    • (b) the circumstances in which a person may not represent or assist a member or conduct authority.

  • R.S., 1985, c. 8 (2nd Supp.), s. 18
  • 2013, c. 18, s. 37

 [Repealed, 2013, c. 18, s. 37]

Marginal note:Legal proceedings

 Section 16 of the Canada Evidence Act applies in respect of any proceedings before a board as though

  • (a) the proceeding were a legal proceeding; and

  • (b) the board were a judge, justice or other presiding officer.

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

Marginal note:Extensions of time limitations

  •  (1) If the Commissioner is satisfied that the circumstances justify an extension, the Commissioner may, on motion by the Commissioner or on application, and after giving due notice to any member affected by the extension, extend the time limited by any of subsections 31(2), 41(2), 42(2) and 44(1), for the doing of any act described in that subsection and specify terms and conditions in connection with the extension.

  • Marginal note:Exception

    (1.1) The notice shall not be given if, in the Commissioner’s opinion, giving it might compromise or hinder any investigation of an offence under an Act of Parliament.

  • Marginal note:Reference to time

    (2) Where a time is extended under this section, any reference in this Act to the time shall be construed as a reference to the time as so extended.

  • R.S., 1985, c. 8 (2nd Supp.), s. 18
  • 2013, c. 18, s. 38
 
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