Enhancing Royal Canadian Mounted Police Accountability Act (S.C. 2013, c. 18)
Full Document:
Assented to 2013-06-19
Marginal note:Bill C-38
78. (1) Subsections (2) to (6) apply if Bill C-38, introduced in the 1st session of the 41st Parliament and entitled the Jobs, Growth and Long-term Prosperity Act (in this section referred to as the “other Act”), receives royal assent.
(2) If section 369 of the other Act comes into force before section 35 of this Act, then, on the day on which that section 35 comes into force, the Royal Canadian Mounted Police Act is amended by adding the following after section 45.87:
PART VII.2REVIEW OF INTEGRATED CROSS-BORDER LAW ENFORCEMENT OPERATIONS
Interpretation
Marginal note:Definitions
45.88 (1) The following definitions apply in this Part.
“Central Authority”
« autorité centrale »
“Central Authority” means the Central Authority for Canada, as designated under section 5 of the Integrated Cross-border Law Enforcement Operations Act.
“designated authority”
« autorité désignée »
“designated authority” has the same meaning as in subsection 45.79(1).
“designated officer”
« agent désigné »
“designated officer” has the same meaning as in section 2 of the Integrated Cross-border Law Enforcement Operations Act.
“integrated cross-border operation”
« opération transfrontalière intégrée »
“integrated cross-border operation” has the same meaning as in section 2 of the Integrated Cross-border Law Enforcement Operations Act.
“investigative body”
« organisme d’enquête »
“investigative body” has the same meaning as in subsection 45.79(1).
“serious incident”
« incident grave »
“serious incident” means an incident in which the actions of a designated officer, or any person assisting a designated officer, in the performance of any duty or function in the course of an integrated cross-border operation
(a) may have resulted in serious injury to, or the death of, any person; or
(b) may have constituted an offence under federal or provincial law that any of the following persons decides would be in the public interest to be investigated:
(i) the Minister,
(ii) the Central Authority, or
(iii) the provincial minister who has the primary responsibility for policing in the province in which the incident is alleged to have occurred.
“serious injury”
« blessure grave »
“serious injury” has the same meaning as in subsection 45.79(1).
Marginal note:Clarification — this Part
(2) For greater certainty, for the purposes of sections 45.9 to 45.991, when, in any provision that applies in this Part as a result of section 45.9, subsection 45.94(1) or section 45.98, there is a reference to any provision that applies in this Part as a result of section 45.9, subsection 45.94(1) or section 45.98, the reference is to be read as a reference to the provision as modified by section 45.9, subsection 45.94(1) or section 45.98, as the case may be.
Marginal note:Clarification — sections 50.2 and 50.3
(3) For greater certainty, a reference in section 50.2 or 50.3 to any provision that applies in this Part as a result of section 45.9 or 45.98 is also to be read as a reference to that provision as modified by section 45.9 or 45.98, as the case may be.
Purpose
Marginal note:Purpose
45.89 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.
Application of Sections 45.34 to 45.51
Marginal note:Application of certain provisions
45.9 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.
Reporting
Marginal note:Copy of report to provincial ministers
45.91 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.
Marginal note:Review for province
45.92 (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.
Marginal note:Annual report — provinces
45.93 (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.
Investigation, Review and Hearing of Complaints
Marginal note:Application of certain provisions
45.94 (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.
Marginal note:Joint investigations, etc.
45.95 (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).
Marginal note:Rules
45.96 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.
Marginal note:Final reports
45.97 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.
Serious Incidents
Marginal note:Application of certain provisions
45.98 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.
Marginal note:Notification
45.99 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.
Marginal note:Notification — investigative body
45.991 (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.
(3) If section 35 of this Act comes into force before section 369 of the other Act, then that section 369 is replaced by the following:
369. The Royal Canadian Mounted Police Act is amended by adding the following after section 45.87:
PART VII.2REVIEW OF INTEGRATED CROSS-BORDER LAW ENFORCEMENT OPERATIONS
Interpretation
Marginal note:Definitions
45.88 (1) The following definitions apply in this Part.
“Central Authority”
« autorité centrale »
“Central Authority” means the Central Authority for Canada, as designated under section 5 of the Integrated Cross-border Law Enforcement Operations Act.
“designated authority”
« autorité désignée »
“designated authority” has the same meaning as in subsection 45.79(1).
“designated officer”
« agent désigné »
“designated officer” has the same meaning as in section 2 of the Integrated Cross-border Law Enforcement Operations Act.
“integrated cross-border operation”
« opération transfrontalière intégrée »
“integrated cross-border operation” has the same meaning as in section 2 of the Integrated Cross-border Law Enforcement Operations Act.
“investigative body”
« organisme d’enquête »
“investigative body” has the same meaning as in subsection 45.79(1).
“serious incident”
« incident grave »
“serious incident” means an incident in which the actions of a designated officer, or any person assisting a designated officer, in the performance of any duty or function in the course of an integrated cross-border operation
(a) may have resulted in serious injury to, or the death of, any person; or
(b) may have constituted an offence under federal or provincial law that any of the following persons decides would be in the public interest to be investigated:
(i) the Minister,
(ii) the Central Authority, or
(iii) the provincial minister who has the primary responsibility for policing in the province in which the incident is alleged to have occurred.
“serious injury”
« blessure grave »
“serious injury” has the same meaning as in subsection 45.79(1).
Marginal note:Clarification — this Part
(2) For greater certainty, for the purposes of sections 45.9 to 45.991, when, in any provision that applies in this Part as a result of section 45.9, subsection 45.94(1) or section 45.98, there is a reference to any provision that applies in this Part as a result of section 45.9, subsection 45.94(1) or section 45.98, the reference is to be read as a reference to the provision as modified by section 45.9, subsection 45.94(1) or section 45.98, as the case may be.
Marginal note:Clarification — sections 50.2 and 50.3
(3) For greater certainty, a reference in section 50.2 or 50.3 to any provision that applies in this Part as a result of section 45.9 or 45.98 is also to be read as a reference to that provision as modified by section 45.9 or 45.98, as the case may be.
Purpose
Marginal note:Purpose
45.89 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.
Application of Sections 45.34 to 45.51
Marginal note:Application of certain provisions
45.9 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.
Reporting
Marginal note:Copy of report to provincial ministers
45.91 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.
Marginal note:Review for province
45.92 (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.
Marginal note:Annual report — provinces
45.93 (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.
Investigation, Review and Hearing of Complaints
Marginal note:Application of certain provisions
45.94 (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.
Marginal note:Joint investigations, etc.
45.95 (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).
Marginal note:Rules
45.96 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.
Marginal note:Final reports
45.97 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.
Serious Incidents
Marginal note:Application of certain provisions
45.98 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.
Marginal note:Notification
45.99 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.
Marginal note:Notification — investigative body
45.991 (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.
(4) If subsection 369 of the other Act and section 35 of this Act come into force on the same day, then that section 369 is deemed to have come into force before that section 35 and subsection (2) applies as a consequence.
(5) On the first day on which both section 370 of the other Act and subsection 40(1) or (2) of this Act are in force, section 50 of the Royal Canadian Mounted Police Act is amended by adding the following after subsection (1):
Marginal note:Exception
(1.1) Paragraph (1)(a) and subparagraphs (1)(b)(ii) and (iii) do not apply to a designated officer as defined in subsection 45.88(1) who was appointed under subsection 8(1) of the Integrated Cross-border Law Enforcement Operations Act.
(6) On the first day on which both section 370 of the other Act is in force and subsection 77(22) of this Act has produced its effects, section 50 of the Royal Canadian Mounted Police Act is amended by adding the following after subsection (1):
Marginal note:Exception
(1.1) Paragraph (1)(a) and subparagraphs (1)(b)(ii) and (iii) do not apply to a designated officer as defined in subsection 45.88(1) who was appointed under subsection 8(1) of the Integrated Cross-border Law Enforcement Operations Act.
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