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

Act current to 2020-06-17 and last amended on 2019-07-12. Previous Versions

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

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:National security

  •  (1) The Commission does not have jurisdiction to conduct a review of an activity that is related to national security.

  • Marginal note:Referral

    (2) The Commission shall refer any matter related to national security arising from a request for a review under section 45.34 or 45.35 to the National Security and Intelligence Review Agency.

  • 2019, c. 13, s. 41

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

Definition of privileged information

  •  (1) In this section and sections 45.41 to 45.48, privileged information means information that is subject to any type of privilege that exists and may be claimed, including

    • (a) information that is protected by the privilege that exists between legal counsel and their client or that is subject to informer privilege;

    • (b) information the disclosure of which is described in subsection 11(1) of the Witness Protection Program Act;

    • (c) [Repealed, 2013, c. 29, s. 23]

    • (d) special operational information as defined in subsection 8(1) of the Security of Information Act;

    • (e) information or intelligence that is similar in nature to information or intelligence referred to in any of paragraphs (a) to (f) of the definition special operational information in subsection 8(1) of the Security of Information Act and that is in relation to, or is received from, any police force or Interpol or other similar international police organization; and

    • (f) medical information about a member or other person appointed or employed under the authority of Part I.

  • Marginal note:Access to privileged information

    (2) Despite any privilege that exists and may be claimed, the Commission is entitled to have access to privileged information under the control, or in the possession, of the Force if that information is relevant and necessary to the matter before the Commission when it is conducting a review under section 45.34 or 45.35 or is conducting an investigation, review or hearing under Part VII.

  • Marginal note:Access to records

    (3) The entitlement to access includes the right to examine all or any part of a record and, subject to the Commissioner’s approval, to be given a copy of all or any part of a record.

  • Marginal note:Refusal and reasons

    (4) If the Commissioner refuses access to privileged information sought by the Commission under this section, the Commissioner shall, without disclosing the privileged information,

    • (a) indicate to the Commission why the privileged information is not relevant or necessary to the matter before the Commission; and

    • (b) provide the Commission with information about the nature and date of the privileged information.

  • Marginal note:Memorandum of understanding

    (5) The Chairperson and the Commissioner may enter into a memorandum of understanding setting out principles and procedures respecting access to privileged information under this section and principles and procedures to protect that information.

  • Marginal note:Regulations

    (6) The Governor in Council may make regulations respecting procedures that govern the Commission’s access to privileged information under this section and procedures to protect that information.

  • Marginal note:Application

    (7) Except as provided by any other Act of Parliament that expressly refers to this section, this section, or any regulation made under subsection (6), applies despite any other Act of Parliament.

  • R.S., 1985, c. 8 (2nd Supp.), s. 16
  • 2013, c. 18, s. 35, c. 29, s. 23
 
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