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

Act current to 2020-03-05 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: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

Immunity

Marginal note:Protection

  •  (1) No criminal, civil or administrative action or proceeding lies against the members, officers or employees of the Commission, or any person acting on behalf or under the direction of the Commission, for anything done, reported or said in good faith in the exercise or purported exercise of any power, or the performance or purported performance of any duty or function, of the Commission or the Chairperson under this Act.

  • Marginal note:No summons

    (2) A member, officer or employee of the Commission, or any person acting on behalf or under the direction of the Commission, is not a competent or compellable witness, in respect of any matter coming to the knowledge of the Commission or that person as a result of exercising a power or performing a duty or function of the Commission or the Chairperson, in any proceeding other than a prosecution for an offence under this Act, a prosecution for an offence under the Security of Information Act or a prosecution for an offence under section 132 or 136 of the Criminal Code.

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

Reporting

Marginal note:Special reports

  •  (1) The Commission may, on the request of the Minister or on its own initiative, provide the Minister with a special report concerning any matter that relates to its powers, duties and functions under this Act.

  • Marginal note:Exemption

    (2) When the Commission provides the report to the Minister, section 45.43 and subsection 45.44(2) do not apply in respect of any information referred to in subsection 45.39(3) or to privileged information, as defined in subsection 45.4(1), set out in the report.

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

Marginal note:Annual report

  •  (1) The Chairperson shall, within three months after the end of each fiscal year, submit to the Minister a report of the activities of the Commission during that year and its recommendations, if any. The Minister shall cause a copy of the report to be tabled in each House of Parliament on any of the first 15 days on which that House is sitting after the day on which the Minister receives the report.

  • Marginal note:Annual report — provinces

    (2) The Commission shall, for each fiscal year and in respect of each province the government of which has entered into an arrangement with the Minister under section 20, 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 and how those complaints were disposed of 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

    (3) 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. 35
 
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