R-10 Royal Canadian Mounted Police Act

In this Act,

The rules made by the Commissioner under any provision of this Act empowering the Commissioner to make rules shall be known as Commissioner’s standing orders.

The Commissioner may designate any person to be a conduct authority in respect of a member either for the purposes of this Act generally or for the purposes of any particular provision of this Act.

The Governor in Council may appoint an officer, to be known as the Commissioner of the Royal Canadian Mounted Police, to hold office during pleasure, who, under the direction of the Minister, has the control and management of the Force and all matters connected with the Force.

The Commissioner may delegate to any member, subject to any terms and conditions that the Commissioner directs, any of the Commissioner’s powers, duties or functions under this Act, except the power to delegate under this subsection, the power to make rules under this Act and the powers, duties or functions under subsections 45.4(5) and 45.41(10).

The officers of the Force, in addition to the Commissioner, shall consist of

The maximum number of officers in each rank shall be as prescribed by the Treasury Board.

The Governor in Council may appoint any person to the rank of Deputy Commissioner to hold office during pleasure.

The Commissioner may appoint any person to any other rank of officer and, by way of promotion, appoint an officer to a higher rank, other than to the rank of Deputy Commissioner.

The Governor in Council may authorize the issue of a commission under the Great Seal to an officer on the officer’s first appointment to the rank of an officer or on the recommendation of the Commissioner.

The Governor in Council may, in respect of each Division of the Force, on the recommendation of the Minister, designate an officer to be the Division’s Commanding Officer to hold office during pleasure.

The Minister’s recommendation is to be made on the recommendation of the Commissioner.

In the event of the absence or incapacity of a Commanding Officer or if a position of Commanding Officer is vacant, the Commissioner may authorize another officer to act as the Commanding Officer, but no officer may act as the Commanding Officer for more than 180 days without the Governor in Council’s approval.

An officer who holds office as a Commanding Officer ceases to hold that office if the officer ceases to be an officer but nothing in this subsection precludes the termination of the officer’s designation for any other reason.

The Commissioner may appoint members of the Force other than officers and, by way of promotion, appoint a member other than an officer to a higher rank, other than to the rank of Deputy Commissioner, or to a higher level, for which there is a vacancy.

The ranks and levels of members other than officers and the maximum numbers of persons that may be appointed to each rank and level shall be as prescribed by the Treasury Board.

The term of a member’s appointment under subsection 6(4) or 7(1) is indeterminate unless the Commissioner specifies that it is for a fixed period.

A member whose appointment is for a fixed period ceases to be a member at the expiry of that period or of any extension made under subsection (3).

The Commissioner may extend the period of the term of a member whose appointment is for a fixed period. The extension does not constitute an appointment under subsection 6(4) or 7(1).

Subject to subsection (2), no person shall be appointed to be a member unless that person is a Canadian citizen, is of good character and has the necessary physical qualities and, in the case of a member other than an officer, that person meets such other qualifications for appointment to the Force as the Commissioner may, by rule, prescribe.

When no person who meets the qualifications described in subsection (1) is available for appointment as a member, any person who is not a Canadian citizen but meets the other qualifications described in that subsection that are applicable to that person may be appointed to be a member.

A person appointed as a member is on probation for a period established by rules of the Commissioner.

A member’s probationary period is not terminated by any appointment, demotion or transfer from one position to another during that period.

While a member is on probation, the Commissioner may discharge the member by notifying the member that the member will be discharged at the end of the notice period established by rules of the Commissioner. The member ceases to be a member at the end of that notice period.

Instead of giving the notice referred to in subsection (1), the Commissioner may notify the member that the member is discharged on the date specified by the Commissioner and that the member will be paid an amount equal to the salary the member would have been paid during the notice period referred to in subsection (1). The member ceases to be a member at that specified date.

The Commissioner may, on the request of any department as defined in section 2 of the Financial Administration Act or if he or she considers it necessary or in the public interest, appoint, for periods of not more than 12 months, special constables supernumerary to the strength of the Force for the purpose of maintaining law and order.

The Commissioner may at any time revoke the appointment of any supernumerary special constable.

Supernumerary special constables are not entitled to any pecuniary privileges or benefits under this Act.

The Governor in Council may make regulations providing for the establishment of a Royal Canadian Mounted Police Reserve, for the appointment of persons as reservists and for defining their powers, duties and functions.

Except as provided by the regulations made under subsection (1), this Act does not apply to reservists.

Despite subsection 3(3) of the Royal Canadian Mounted Police Superannuation Act, for the purposes of that Act, the Public Service Superannuation Act and the Canadian Forces Superannuation Act, a reservist is not deemed to be employed in the public service, as defined in subsection 3(1) of the Royal Canadian Mounted Police Superannuation Act.

Every officer is a peace officer in every part of Canada and has all the powers, authority, protection and privileges that a peace officer has by law until the officer ceases to be an officer.

The Commissioner may designate any member, other than an officer, any supernumerary special constable appointed under subsection 9.6(1), any person appointed as a reservist under the regulations and any other person who is under the Commissioner’s jurisdiction as a peace officer.

Every person designated under subsection (2) has the same powers, authority, protection and privileges as officers under subsection (1) until the person’s designation expires or is revoked or the designated person ceases to be a member, supernumerary special constable or reservist, or a person under the Commissioner’s jurisdiction, as the case may be.

The Commissioner may issue

Any document purporting to be a certif-icate referred to in subsection (1) is evidence in all courts and in all proceedings of the facts stated in it.

Every member shall, before entering on the duties of the member’s office, take the oath of allegiance and the oaths set out in the schedule.

The oaths prescribed by subsection (1), and any other oath or declaration that may be necessary or required, may be taken by the Commissioner before any judge, provincial court judge or justice of the peace having jurisdiction in any part of Canada, and by any other member before the Commissioner or any officer or person having authority to administer oaths or take and receive affidavits.

In the event that the Commissioner is absent or unable to act or the office is vacant, the senior Deputy Commissioner at the headquarters of the Force has, for the time being, the control and management of the Force and all matters connected therewith, and for such purposes the senior Deputy Commissioner may exercise all the powers of the Commissioner under this Act or any other Act.

In the event that the Commissioner and all the Deputy Commissioners are absent or unable to act or the offices are vacant, the senior Assistant Commissioner at the headquarters of the Force has, for the time being, the control and management of the Force and all matters connected therewith, and for such purposes the senior Assistant Commissioner may exercise all of the powers of the Commissioner under this Act or any other Act.

The Minister may, with the approval of the Governor in Council, enter into an arrangement with the government of any province for the use or employment of the Force, or any portion thereof, in aiding the administration of justice in the province and in carrying into effect the laws in force therein.

The Minister may, with the approval of the Governor in Council and the lieutenant governor in council of any province, enter into an arrangement with any municipality in the province for the use or employment of the Force, or any portion thereof, in aiding the administration of justice in the municipality and in carrying into effect the laws in force therein.

The Minister may, with the approval of the Treasury Board, in any arrangement made under subsection (1) or (2), agree on and determine the amount of money to be paid by the province or municipality for the services of the Force.

There may be included in any arrangement made under subsection (1) or (2) provision for the taking over by the Force of officers and other members of any provincial or municipal police force.

The Minister shall cause to be laid before Parliament a copy of every arrangement made under subsection (1) or (2) within fifteen days after it is made or, if Parliament is not then sitting, on any of the first fifteen days next thereafter that either House of Parliament is sitting.

The Commissioner may

The recommendation for discharge under paragraph (1)(d) or (f), and the discharge or demotion under paragraph (1)(e) or (g), of a member may only be for cause.

Despite subsection 5(2), the Commissioner may delegate to any person under the Commissioner’s jurisdiction, subject to any terms and conditions that the Commissioner directs, any of the Commissioner’s powers under subsection (1).

Any person to whom powers are delegated under subsection (3) may, subject to and in accordance with the delegation, sub-delegate any of those powers to any other person under the Commissioner’s jurisdiction.

The Governor in Council may make regulations

Subject to the provisions of this Act and the regulations, the Commissioner may make rules

The Treasury Board shall establish the pay and allowances to be paid to members.

Where, pursuant to this Act, a member is demoted, the rate of pay of that member shall be reduced to the highest rate of pay for the rank or level to which the member is demoted that does not exceed the member’s rate of pay at the time of the demotion.

The Commissioner may direct that a member’s pay and allowances be stopped if

For the purpose of paragraph (2)(a), being absent from duty without authorization includes being detained in custody or serving a period of imprisonment.

All

Notwithstanding any other Act, all pay forfeited under this Act and the proceeds of all forfeitures and seizures awarded or adjudged to any member in connection with the performance of the member’s duties in the Force shall be paid to the Benefit Trust Fund maintained by the Force.

The money paid to the Benefit Trust Fund pursuant to this section shall be used

The Governor in Council may make regulations governing the management and disposition by loan, grant or otherwise of any money paid to the Benefit Trust Fund pursuant to this section.

The Minister or the Commissioner may appoint such persons as the Minister or Commissioner considers appropriate as a board of inquiry to investigate and report on any matter connected with the organization, training, conduct, performance of duties, discipline, efficiency, administration or government of the Force or affecting any member or other person appointed or employed under the authority of this Act.

For greater certainty, the power to appoint under subsection (1) includes the power to appoint all or any of the members of the Commission.

Where the Minister or the Commissioner appoints a board of inquiry under subsection (1), the Minister or Commissioner shall specify in writing the matter that the board is to investigate and report on.

A board of inquiry has, in relation to the matter before it, power

Any person whose conduct or affairs are being investigated by a board of inquiry or who satisfies a board of inquiry that the person has a substantial and direct interest in the matter before the board shall be afforded a full and ample opportunity, in person or by counsel or a representative, to present evidence, to cross-examine witnesses and to make representations before the board.

A board of inquiry shall permit any person who gives evidence in the investigation by the board to be represented by counsel or a representative.

Notwithstanding subsection (3), a board of inquiry may not receive or accept in an investigation

In an investigation by a board of inquiry, no witness shall be excused from answering any question relating to the matter before the board when required to do so by the board on the ground that the answer to the question may tend to criminate the witness or subject the witness to any proceeding or penalty.

If the witness is a member, no answer or statement made in response to a question described in subsection (7) shall be used or receivable against the witness under any proceeding under Part IV, other than a proceeding regarding an allegation that with intent to mislead the witness gave the answer or statement knowing it to be false.

Unless the Minister or the Commissioner directs otherwise, an investigation and any hearing by a board of inquiry appointed by the Minister or Commissioner, as the case may be, shall be conducted in private.

Notwithstanding subsection (9),

Any document or thing produced pursuant to this section to a board of inquiry shall, on the request of the person producing the document or thing, be released to that person within a reasonable time after completion of the board’s investigation and report.

There is hereby established a committee, to be known as the Royal Canadian Mounted Police External Review Committee, consisting of a Chairperson, a Vice-chairperson and not more than three other members, to be appointed by order of the Governor in Council.

The Committee Chairperson is a full-time member of the Committee and the other members may be appointed as full-time or part-time members of the Committee.

Each member of the Committee shall be appointed to hold office during good behaviour for a term not exceeding five years but may be removed for cause at any time by order of the Governor in Council.

A member of the Committee is eligible for re-appointment on the expiration of the member’s term of office.

No member of the Force is eligible to be appointed or to continue as a member of the Committee.

Each full-time member of the Committee is entitled to be paid such salary in connection with the work of the Committee as may be approved by order of the Governor in Council.

Each part-time member of the Committee is entitled to be paid such fees in connection with the work of the Committee as may be approved by order of the Governor in Council.

Each member of the Committee is entitled to be paid reasonable travel and living expenses incurred by the member while absent from the member’s ordinary place of residence in connection with the work of the Committee.

The full-time members of the Committee are deemed to be employed in the public service for the purposes of the Public Service Superannuation Act and to be employed in the federal public administration for the purposes of the Government Employees Compensation Act and any regulations made under section 9 of the Aeronautics Act.

The Committee Chairperson is the chief executive officer of the Committee and has supervision over and direction of the work and staff of the Committee.

In the event of the absence or incapacity of the Committee Chairperson or if the office of Committee Chairperson is vacant, the Minister may authorize the Vice-chairperson to exercise the powers and perform the duties and functions of the Committee Chairperson.

The Committee Chairperson may delegate to the Vice-chairperson any of the Committee Chairperson’s powers, duties or functions under this Act, except the power to delegate under this subsection and the duty under section 30.

The head office of the Committee shall be at such place in Canada as the Governor in Council may, by order, designate.

Such officers and employees as are necessary for the proper conduct of the work of the Committee shall be appointed in accordance with the Public Service Employment Act.

The Committee may, with the approval of the Treasury Board,

The Committee shall carry out such functions and duties as are assigned to it by this Act.

The Committee Chairperson shall carry out such functions and duties as are assigned to the Committee Chairperson by this Act.

The Committee Chairperson shall, within three months after the end of each fiscal year, submit to the Minister a report of the activities of the Committee during that year and its recommendations, if any, and the Minister shall cause a copy of the report to be laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the day the Minister receives it.

The report must contain information respecting the Committee’s performance in relation to the service standards established under section 28.1.

Subject to subsections (1.01) to (3), if a member is aggrieved by a decision, act or omission in the administration of the affairs of the Force in respect of which no other process for redress is provided by this Act, the regulations or the Commissioner’s standing orders, the member is entitled to present the grievance in writing at each of the levels, up to and including the final level, in the grievance process provided for by this Part.

A grievance that relates to the interpretation or application, in respect of a member, of a provision of a collective agreement or arbitral award must be presented under the Federal Public Sector Labour Relations Act.

A member is not entitled to present a grievance in respect of which an administrative procedure for redress is provided under any other Act of Parliament, other than one provided for in the Canadian Human Rights Act.

Despite subsection (1.1), a member is not entitled to present a grievance in respect of the right to equal pay for work of equal value.

A member is not entitled to present a grievance relating to any action taken under any instruction, direction or regulation given or made by or on behalf of the Government of Canada in the interest of the safety or security of Canada or any state allied or associated with Canada.

For the purposes of subsection (1.3), an order made by the Governor in Council is conclusive proof of the matters stated in the order in relation to the giving or making of an instruction, direction or regulation by or on behalf of the Government of Canada in the interest of the safety or security of Canada or any state allied or associated with Canada.

A grievance under this Part must be presented

No appointment by the Commissioner to a position prescribed pursuant to subsection (7) may be the subject of a grievance under this Part.

Subject to subsection (4.1) and any limitations specified under paragraph 36(b), a member presenting a grievance shall be granted access to any written or documentary information under the Force’s control and relevant to the grievance that the member reasonably requires to properly present it.

A member is not entitled to have access to a standardized test used by the Force, or to information concerning such a test, if in the opinion of the Commissioner, its disclosure would affect its validity or continued use or would affect the results of such a test by giving an unfair advantage to any person.

In this section, standardized test has the meaning assigned by rules established by the Commissioner.

No member shall be disciplined or otherwise penalized in relation to employment or any term of employment in the Force for exercising the right under this Part to present a grievance.

As soon as feasible after the presentation and consideration of a grievance at any level in the grievance process, the person constituting the level shall render a decision in writing as to the disposition of the grievance, including reasons for the decision, and serve the member presenting the grievance and, if the grievance has been referred to the Committee under section 33, the Committee Chairperson with a copy of the decision.

The Governor in Council may make regulations prescribing for the purposes of subsection (3) any position in the Force that reports to the Commissioner either directly or through one other person.

The Commissioner constitutes the final level in the grievance process and the Commissioner’s decision in respect of any grievance is final and binding.

The Commissioner is not bound to act on any findings or recommendations set out in a report with respect to a grievance referred to the Committee under section 33, but if the Commissioner does not so act, the Commissioner shall include in the decision on the disposition of the grievance the reasons for not so acting.

Notwithstanding subsection (1), the Commissioner may rescind or amend the Commissioner’s decision in respect of a grievance under this Part on the presentation to the Commissioner of new facts or where, with respect to the finding of any fact or the interpretation of any law, the Commissioner determines that an error was made in reaching the decision.

The Commissioner may delegate to any person under the Commissioner’s jurisdiction any of the Commissioner’s powers, duties or functions under this section or section 33.

A person to whom any powers, duties or functions are delegated under subsection (4) may not sub-delegate any of them.

Before the Commissioner considers a grievance of a type prescribed pursuant to subsection (4), the Commissioner shall refer the grievance to the Committee.

Notwithstanding subsection (1), a member presenting a grievance to the Commissioner may request the Commissioner not to refer the grievance to the Committee and, on such a request, the Commissioner may either not refer the grievance to the Committee or, if the Commissioner considers that a reference to the Committee is appropriate notwithstanding the request, refer the grievance to the Committee.

Where the Commissioner refers a grievance to the Committee pursuant to this section, the Commissioner shall furnish the Committee Chairperson with a copy of

The Governor in Council may make regulations prescribing for the purposes of subsection (1) the types of grievances that are to be referred to the Committee.

The Committee Chairperson shall review every grievance referred to the Committee pursuant to section 33.

Where, after reviewing a grievance, the Committee Chairperson is satisfied with the disposition of the grievance by the Force, the Committee Chairperson shall prepare and send a report in writing to that effect to the Commissioner and the member presenting the grievance.

Where, after reviewing a grievance, the Committee Chairperson is not satisfied with the disposition of the grievance by the Force or considers that further inquiry is warranted, the Committee Chairperson may

Where the Committee Chairperson decides to institute a hearing to inquire into a grievance, the Committee Chairperson shall assign the member or members of the Committee to conduct the hearing and shall send a notice in writing of the decision to the Commissioner and the member presenting the grievance.

For the purposes of this section, the member or members conducting a hearing to inquire into a grievance are deemed to be the Committee.

The Committee shall serve a notice in writing of the time and place appointed for a hearing on the parties.

Where a party wishes to appear before the Committee, the Committee shall sit at such place in Canada and at such time as may be fixed by the Committee, having regard to the convenience of the parties.

The Committee has, in relation to the grievance before it, the powers conferred on a board of inquiry, in relation to the matter before it, by paragraphs 24.1(3)(a), (b) and (c).

The parties and any other person who satisfies the Committee that the person has a substantial and direct interest in a grievance before the Committee shall be afforded a full and ample opportunity, in person or by counsel or a representative, to present evidence, to cross-examine witnesses and to make representations at the hearing.

The Committee shall permit any person who gives evidence at a hearing to be represented by counsel or a representative.

Notwithstanding subsection (4) but subject to subsection (8), the Committee may not receive or accept any evidence or other information that would be inadmissible in a court of law by reason of any privilege under the law of evidence.

In a hearing, no witness shall be excused from answering any question relating to the grievance before the Committee when required to do so by the Committee on the ground that the answer to the question may tend to criminate the witness or subject the witness to any proceeding or penalty.

If the witness is a member, no answer or statement made in response to a question described in subsection (8) shall be used or receivable against the witness under any proceeding under Part IV, other than a proceeding regarding an allegation that with intent to mislead the witness gave the answer or statement knowing it to be false.

A hearing shall be held in private, except that

Any document or thing produced pursuant to this section to the Committee shall, on the request of the person producing the document or thing, be released to the person within a reasonable time after completion of the Committee’s report.

Where the Committee sits at a place in Canada that is not the ordinary place of residence of a member whose grievance is before the Committee or of the member’s counsel or representative, that member, counsel or representative is entitled, in the discretion of the Committee, to receive such travel and living expenses incurred by the member, counsel or representative in appearing before the Committee as may be fixed by the Treasury Board.

On completion of a hearing, the Committee shall prepare and send to the parties and the Commissioner a report in writing setting out such findings and recommendations with respect to the grievance as the Committee sees fit.

In this section, parties means

Every member who is alleged to have contravened a provision of the Code of Conduct may be dealt with under this Act either in or outside Canada,

Nothing in this Act affects the jurisdiction of any court to try a member for any offence triable by that court.

If it appears to a conduct authority in respect of a member that the member has contravened a provision of the Code of Conduct, the conduct authority shall make or cause to be made any investigation that the conduct authority considers necessary to enable the conduct authority to determine whether the member has contravened or is contravening the provision.

In any investigation under subsection (1), no member shall be excused from answering any question relating to the matter being investigated when required to do so by the person conducting the investigation on the grounds that the answer to the question may tend to criminate the member or subject the member to any criminal, civil or administrative action or proceeding.

No answer or statement made in response to a question described in subsection (2) shall be used or receivable in any criminal, civil or administrative action or proceeding, other than a proceeding under this Part regarding an allegation that with intent to mislead the member gave the answer or statement knowing it to be false.

On ex parte application that has been approved by an officer designated by the Commissioner for the purposes of this section, a justice may issue a warrant if the justice is satisfied by information on oath that there are reasonable grounds to believe that there is in any receptacle or place not under the control of the Force anything that will afford evidence with respect to the contravention of a provision of the Code of Conduct.

The application must indicate whether or not the place is a dwelling-house.

The warrant may authorize a peace officer, and any other individual named in the warrant, to enter and search the place and to seize anything specified in the warrant, subject to any conditions specified in the warrant.

A warrant may be issued under this section by telephone or other means of telecommunication on application submitted by a peace officer by one of those means and section 487.1 of the Criminal Code applies for that purpose with any modifications that the circumstances require.

A warrant issued under this section shall be executed by day, unless

A person authorized under this section to search a computer system in a place for data may

A person who seizes a thing under this section shall give a receipt to the person from whom the thing was seized and shall as soon as feasible, make a report of the seizure to a justice.

If a report of the seizure is made to the justice, the justice shall,

On application by the person from whom a thing was seized and on three clear days notice to the Commissioner, a justice may make an order for the release of the thing to the person if the justice is satisfied that the thing is no longer necessary for the purposes of the investigation or any proceeding under this Part arising from the investigation.

A thing seized under this section may be stored in the place where it was seized or it may, at the discretion of a peace officer, be removed to any other place for storage.

On ex parte application, a justice may order a person to produce to a peace officer named in the order a document that is a copy of a document that is in their possession or control when they receive the order, or to prepare and produce a document that contains data that is in their possession or control at that time.

Before making the order, the justice must be satisfied by information on oath that there are reasonable grounds to believe that the document will afford evidence with respect to the contravention of a provision of the Code of Conduct.

An order shall not be made under subsection (1) requiring a member who is under investigation for an alleged contravention of a provision of the Code of Conduct to produce a document or to prepare and produce a document that relates to that alleged contravention.

An order made under subsection 40.3(1) may contain any conditions that the justice considers appropriate including conditions to protect a privileged communication between a person who is qualified to give legal advice and their client.

The order has effect throughout Canada.

On ex parte application made by a peace officer, the justice who made the order may, on the basis of an information on oath, revoke or vary the order. The peace officer shall give notice of the revocation or variation to the person who is subject to the order as soon as feasible.

A person named in an order made under subsection 40.3(1) may, before the order expires, apply in writing to the justice who issued the order, or to any other justice, for an exemption from the requirement to produce or to prepare and produce any document.

A person may only make the application if they give notice of their intention to do so to the peace officer named in the order to whom the document is to be produced within 15 days after the day on which the order is made.

The execution of the order is suspended until a final decision is made in respect of the application.

The justice may grant the exemption if the justice is satisfied that

If it appears to a conduct authority in respect of a member that the member has contravened a provision of the Code of Conduct and the conduct authority is of the opinion that the conduct measures provided for in the rules are insufficient, having regard to the gravity of the contravention and to the surrounding circumstances, the conduct authority shall initiate a hearing into the alleged contravention by notifying the officer designated by the Commissioner for the purpose of this section of the alleged contravention.

A hearing shall not be initiated by a conduct authority in respect of an alleged contravention of a provision of the Code of Conduct by a member after the expiry of one year from the time the contravention and the identity of that member as the one who is alleged to have committed the contravention became known to the conduct authority that investigated the contravention or caused it to be investigated.

If a conduct authority in respect of a member is satisfied, on a balance of probabilities, that the member has contravened a provision of the Code of Conduct and the conduct authority is of the opinion that the conduct measures provided for in the rules are sufficient, having regard to the gravity of the contravention and to the surrounding circumstances, the conduct authority may impose any one or more of those conduct measures against the member.

Conduct measures shall not be imposed under subsection (1) in respect of the contravention after the expiry of one year from the time the contravention and the identity of that member became known to the conduct authority that investigated the contravention or caused it to be investigated.

On being notified under subsection 41(1) of an alleged contravention of a provision of the Code of Conduct by a member, the officer designated for the purpose of that subsection shall, subject to the regulations, appoint one or more persons as members of a conduct board to decide whether the member contravened the provision.

As soon as feasible after making the appointment or appointments, the conduct authority who initiated the hearing shall serve the member with a notice in writing informing the member that a conduct board is to determine whether the member contravened a provision of the Code of Conduct.

The notice may allege more than one contravention of any provision of the Code of Conduct and is to contain

The statement of particulars contained in the notice is to contain sufficient details, including, if practicable, the place and date of each contravention alleged in the notice, to enable the member who is served with the notice to identify each contravention in order that the member may prepare a response and direct it to the occasion and events indicated in the notice.

Within seven days after the day on which a member is served with a notice under subsection 43(2), the member may object in writing to the designated officer referred to in subsection 43(1) to the appointment of any person as a member of the conduct board, and the designated officer shall, on receiving the objection, decide whether to reject the objection or to allow the objection and appoint another person as a member of the board.

The objection must contain reasons for the objection.

After the designated officer makes a decision under subsection (1) with respect to an objection, the designated officer shall serve the member making the objection with a notice in writing setting out the decision and the reasons for it, and, if the objection is allowed, the designated officer shall

The provisions of this section apply, with any modifications that the circumstances require, with respect to the appointment of a person under subsection (3) as though the notice setting out the name of the person were a notice referred to in subsection (1).

The role of the conduct board is to decide whether or not each allegation of a contravention of a provision of the Code of Conduct contained in the notice served under subsection 43(2) is established on a balance of probabilities.

A conduct board has, in relation to the case before it, the powers conferred on a board of inquiry, in relation to the matter before it, by paragraphs 24.1(3)(a) to (c).

The conduct board’s decision must be recorded in writing and include a statement of the conduct board’s findings on questions of fact material to the decision, reasons for the decision and a statement of the conduct measure, if any, imposed under subsection (4).

If a conduct board decides that an allegation of a contravention of a provision of the Code of Conduct by a member is established, the conduct board shall impose any one or more of the following conduct measures on the member, namely,

The parties to a hearing initiated under subsection 41(1) are the conduct authority who initiated it and the member whose conduct is the subject of the hearing.

The hearing shall be held in public but the conduct board, on its own initiative or at the request of any party, may order that the hearing or any part of it is to be held in camera if it is of the opinion

The conduct board shall permit any person who gives evidence at the hearing to be represented by legal counsel or a representative.

Despite subsection 45(2), but subject to subsection (5), the conduct board is not authorized to receive or accept any evidence or other information that would be inadmissible in a court of law by reason of any privilege under the law of evidence.

In the hearing, no witness shall be excused from answering any question relating to the case before the conduct board when required to do so by the conduct board on the grounds that the answer to the question may tend to criminate the witness or subject the witness to any criminal, civil or administrative action or proceeding.

If the witness is a member, no answer or statement made in response to a question described in subsection (5) shall be used or receivable against the witness under any proceeding under Part IV regarding an allegation of a contravention of a provision of the Code of Conduct by the witness, other than a proceeding regarding an allegation that with intent to mislead the witness gave the answer or statement knowing it to be false.

The conduct board may, on its own initiative or at the request of any person, make an order directing that any of the following information shall not be published in any document or broadcast or transmitted in any way:

The conduct board may conduct the hearing in the absence of the member whose conduct is the subject of the hearing in the circumstances set out in the rules.

If the member whose conduct is the subject of the hearing indicates that they are unable to attend the hearing for medical reasons, the conduct board may direct the member to undergo a medical examination or an assessment by a qualified person specified by the conduct board to determine if the member is unable to participate in the hearing for medical reasons. If the member fails to undergo the medical examination or assessment, the conduct board may conduct the hearing in the absence of the member.

A member who is the subject of a conduct board’s decision or the conduct authority who initiated the hearing by the conduct board that made the decision may, within the time provided for in the rules, appeal the decision to the Commissioner in respect of

Every reference in subsection (1) to a member includes a former member for the purposes of any appeal with respect to a dismissal from the Force.

A member who is the subject of a conduct authority’s decision may, within the time provided for in the rules, appeal the decision to the Commissioner in respect of

An appeal lies to the Commissioner on any ground of appeal.

If an appeal relates to any of the following conduct measures, or to any finding that resulted in its imposition, the Commissioner, before considering the appeal, shall refer the case to the Committee:

Notwithstanding subsection (1), the member whose case is appealed to the Commissioner may request the Commissioner not to refer the case to the Committee and, on such a request, the Commissioner may either not refer the case to the Committee or, if the Commissioner considers that a reference to the Committee is appropriate notwithstanding the request, refer the case to the Committee.

Sections 34 and 35 apply, with such modifications as the circumstances require, with respect to a case referred to the Committee pursuant to this section as though the case were a grievance referred to the Committee pursuant to section 33.

The Commissioner may dispose of an appeal in respect of a conduct board’s finding by

The Commissioner may dispose of an appeal in respect of a conduct authority’s finding by

The Commissioner may dispose of an appeal in respect of a conduct measure imposed by a conduct board or a conduct authority by

If the appeal is in respect of a conduct measure imposed by a conduct authority, the Commissioner may only impose under paragraph (3)(b) a conduct measure that is provided for in the rules.

If the appeal is in respect of a conduct measure imposed by a conduct board, the Commissioner may impose any conduct measure under paragraph (3)(b) that the conduct board could have imposed, including the power to recommend dismissal from the Force, if the member is a Deputy Commissioner, or dismissal from the Force, if the member is not a Deputy Commissioner.

If the Commissioner orders a new hearing into an allegation under subsection (1), a conduct board shall be appointed in accordance with this Part to conduct the hearing and the new hearing shall be held in accordance with this Part as if it were the first hearing into that allegation.

The Commissioner shall as soon as feasible render a decision in writing on an appeal, including reasons for the decision.

If a case has been referred to the Committee under section 45.15, the Commissioner shall take into consideration the findings or recommendations set out in the report of the Committee or the Committee Chairperson in respect of the case, but the Commissioner is not bound to act on any findings or recommendations set out in the report. However, if the Commissioner does not so act, the Commissioner shall include in the decision on the appeal the reasons for not so acting.

A Commissioner’s decision on an appeal is final and binding.

Despite subsection (9), the Commissioner may rescind or amend the Commissioner’s decision on an appeal under section 45.11 on the presentation to the Commissioner of new facts or if, with respect to the finding of any fact or the interpretation of any law, the Commissioner determines that an error was made in reaching the decision.

The Commissioner may delegate any of the Commissioner’s powers, duties or functions under this section to any person under the Commissioner’s jurisdiction.

A person to whom powers, duties or functions are delegated under subsection (11) may not sub-delegate any of them.

The Management Advisory Board is established.

The mandate of the Management Advisory Board is to provide the Commissioner — on its own initiative or at the Commissioner’s request — with advice, information and reports on the administration and management of the Force, including with respect to

In carrying out its mandate, the Management Advisory Board shall consider the impact of its advice on women, men and gender-diverse people by taking into account the intersection of sex and gender with other identity factors.

The Management Advisory Board may provide the Minister with a copy or a summary of any advice, information or report that it provides to the Commissioner.

The Management Advisory Board is to consist of not more than 13 members to be appointed by the Governor in Council on the recommendation of the Minister.

Before making a recommendation to the Governor in Council with respect to an appointment, the Minister may consult with any government with which the Minister has entered into an arrangement under subsection 20(1).

When recommending members, the Minister shall consider the importance of having a Management Advisory Board that is representative of the diversity of Canadian society and that is comprised of members who have the experience and the capacity required to carry out the Board’s mandate.

The members are to be appointed to hold office on a part-time basis during pleasure for a renewable term of not more than four years that will ensure, as far as possible, the expiry in any one year of the terms of office of not more than one half of the members.

The Governor in Council shall designate, from among the members of the Management Advisory Board, one person to be the Chairperson and another person to be the Vice-chairperson.

If the Chairperson is absent or unable to act or if the office of Chairperson is vacant, the Vice-chairperson is to act as Chairperson, but he or she is not entitled to act for a period of more than 90 days without the Governor in Council’s approval.

If the Chairperson and the Vice-chairperson are absent or unable to act or if those offices are vacant, the Minister may designate a member of the Management Advisory Board to act as Chairperson, but no member so designated is entitled to act for a period of more than 90 days without the Governor in Council’s approval.

Every member of the Management Advisory Board shall obtain and maintain the necessary security clearance from the Government of Canada.

A person is not eligible to be appointed or to continue as a member of the Management Advisory Board if the person

The members of the Management Advisory Board are to be paid the remuneration that is fixed by the Governor in Council.

The members of the Management Advisory Board are entitled to be reimbursed, in accordance with Treasury Board directives, for the travel and living expenses incurred in connection with their work for the Board while absent from their ordinary place of residence.

The members of the Management Advisory Board are deemed to be employed in the federal public administration for the purposes of the Government Employees Compensation Act and any regulations made under section 9 of the Aeronautics Act.

The Chairperson may determine the dates, times and places at which the Management Advisory Board will meet, but it must meet at least once in each fiscal quarter of each fiscal year.

One meeting in each fiscal quarter of each fiscal year must be in person.

Except for the meetings referred to in subsection (2), a meeting of the Management Advisory Board may be held by any means of telecommunication that permits all persons who are participating to communicate adequately with each other. A person who is participating by such means is deemed to be present at the meeting.

The Deputy Minister of Public Safety and Emergency Preparedness and the Commissioner, or a delegate of each of them, are to receive notice of all meetings of the Management Advisory Board and may attend and take part in, but not vote at, those meetings.

Subject to subsection (2), the Commissioner shall, at the request of the Management Advisory Board, provide it with timely access to any information under the control, or in the possession, of the Force that the Board considers is necessary to enable it to carry out its mandate.

The Management Advisory Board shall not have access to information under the control, or in the possession, of the Force if

The Civilian Review and Complaints Commission for the Royal Canadian Mounted Police is established, consisting of a Chairperson and not more than four other members, one of whom may be a Vice-chairperson, appointed by the Governor in Council.

A person is not eligible to be a member of the Commission if that person

The Governor in Council shall, before appointing a person as a member of the Commission, consider the need for regional representation in the membership of the Commission.

A member of the Commission is eligible for reappointment on the expiry of that member’s term of office.

The Chairperson is a full-time member of the Commission. The other members may be appointed as full-time or part-time members of the Commission.

Each member of the Commission holds office during good behaviour for a term of not more than five years but may be removed for cause at any time by the Governor in Council.

Members of the Commission are to be paid the remuneration that is to be determined by the Governor in Council.

Members of the Commission are entitled to be reimbursed, in accordance with Treasury Board directives, for the travel, living and other expenses incurred in connection with their work for the Commission while absent, in the case of full-time members, from their ordinary place of work or, in the case of part-time members, from their ordinary place of residence.

The full-time members of the Commission are deemed to be employed in the public service for the purposes of the Public Service Superannuation Act.

Members of the Commission are deemed to be employed in the federal public administration for the purposes of the Government Employees Compensation Act and any regulations made under section 9 of the Aeronautics Act.

The Chairperson is the chief executive officer of the Commission and has supervision over and direction of the work and staff of the Commission.

The Chairperson may delegate to the Vice-chairperson or, if the office of Vice-chairperson is vacant, to any other member of the Commission any of the Chairperson’s powers, duties and functions under this Act, except the power to delegate under this subsection and the powers, duties and functions under subsections 45.4(5), 45.41(10), 45.47(2) and 45.85(3).

In the event of the absence or incapacity of the Chairperson or if the office of Chairperson is vacant, the Vice-chairperson has all the powers, duties and functions of the Chairperson. In the event of the absence or incapacity of the Vice-chairperson or if the office of Vice-chairperson is vacant, the Minister may authorize another member of the Commission to exercise the powers and perform the duties and functions of the Chairperson, but a member of the Commission so authorized is not entitled to act as Chairperson for more than 90 days without the approval of the Governor in Council.

The head office of the Commission shall be in Ottawa.

The Commission may establish an office in any region of Canada.

The officers and employees that are necessary for the proper conduct of the work of the Commission shall be appointed in accordance with the Public Service Employment Act.

The Commission may, with the approval of the Treasury Board,

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.

In order to conduct a review on its own initiative, the Commission shall be satisfied that

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.

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.

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.

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.

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.

The Commission shall include in its report any findings and recommendations that the Commission sees fit regarding

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

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.

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).

Subsections 45.65(2) to (6) apply, with any necessary modifications, to the exercise of the powers by the Commission under subsection (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.

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.

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.

Except as provided by any other Act of Parliament that expressly refers to this section, this section applies despite any other Act of Parliament.

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

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.

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.

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

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.

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.

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.

If the Commissioner refuses access to privileged information sought by the Commission under subsection 45.4(2), the Minister shall, at the request of the Commission, appoint a former judge of a superior court of a province or the Federal Court or an individual who is a member of a prescribed category of individuals to review the information and make observations to the Commission and the Commissioner. In order to be appointed, the former judge or other individual shall obtain a security clearance from the Government of Canada and shall take the oath of secrecy referred to in paragraph 45.45(1)(a).

The Minister shall provide notice to the Chairperson and the Commissioner when a former judge or other individual has been appointed in accordance with subsection (1). The Chairperson and the Commissioner shall make their representations to the former judge or other individual within 30 days after the day on which the notice is sent or within any longer period, not exceeding 60 days, that the former judge or other individual may permit.

The former judge or other individual shall have access to privileged information for the purposes of the review.

The former judge or other individual shall review the privileged information and provide his or her observations to the Chairperson and the Commissioner

The former judge or other individual shall not include information that reveals privileged information or from which it may be inferred in the observations provided under subsection (4).

The former judge or other individual shall, before making any observations, consider the following factors:

The observations of the former judge or other individual shall be made within 30 days after the day on which the period referred to in subsection (2) expires or within any longer period, not exceeding 60 days, that the Minister permits.

The observations of the former judge or other individual are confidential and shall not be disclosed by the judge or other individual, the Commission or the Force, except to the Minister.

Section 45.5 applies to the former judge or other individual as if he or she were a member of the Commission.

After receiving the observations of the former judge or other individual, the Chairperson shall review the Commission’s decision to seek access and the Commissioner shall review his or her decision to refuse access, taking those observations into account.

An application for judicial review shall not be made in connection with the Commission’s decision to seek access to privileged information, or the Commissioner’s refusal to allow access to privileged information, until the former judge or other individual has made his or her observations.

The Governor in Council may, by regulation, prescribe categories of individuals for the purposes of subsection (1).

Despite section 45.4, the Commission shall not have access to information under the control, or in the possession, of the Force if the information reveals

Nothing in this Part authorizes a person to disclose to the Commission a confidence of the Queen’s Privy Council for Canada in respect of which subsection 39(1) of the Canada Evidence Act applies, and the Commission may not use the confidence if it is disclosed.

The Commission may, by regulation, establish measures to protect the information under its control or in its possession.

Subject to subsection 45.47(2), if the Commission obtains access to information referred to in subsection 45.39(3) or to privileged information from the Force, no member, officer or employee of the Commission and no other person acting on its behalf shall distribute any report or other document that contains or discloses the information or any part of it without having first obtained the approval of the Commissioner.

The Commissioner shall indicate whether he or she approves the distribution of a report or other document under subsection (2) as soon as feasible after being consulted under that subsection.

The Governor in Council may make regulations respecting measures to protect the information under the control, or in the possession, of the Commission.

In the event of a conflict or inconsistency between the regulations made under subsections (1) and (4), the regulations made under subsection (4) prevail to the extent of the conflict or inconsistency.

Subject to subsection (5), every member, employee and officer of the Commission and every person acting on its behalf shall comply with the regulations made under subsections (1) and (4).

Every member, employee and officer of the Commission and every other person acting on its behalf and every former judge or other individual appointed under subsection 45.41(1) shall

The Governor in Council may, by regulation, prescribe the oath of secrecy referred to in paragraph (1)(a).

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

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).

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.

Every person who has received information under this section shall comply with the regulations made under subsection (3).

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.

Every person who is otherwise prohibited from disclosing privileged information under subsection (1) may, if authorized by the Chairperson, disclose that information

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).

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.

This section applies despite subsection 13(1) of the Auditor General Act and subsection 79.4(1) of the Parliament of Canada Act.

Subject to the provisions of this Act and the regulations, the Commission may make rules respecting

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.

A proposed rule need not be published more than once, whether or not it has been amended as a result of any representations.

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.

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 Foreign Interference and Security of Information Act or a prosecution for an offence under section 132 or 136 of the Criminal Code.

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.

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.

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.

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.

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

Any individual may make a complaint concerning the conduct, in the performance of any duty or function under this Act or the Witness Protection Program Act, of any person who, at the time that the conduct is alleged to have occurred, was a member or other person appointed or employed under Part I.

The Commission may refuse to deal with the complaint if, in the Commission’s opinion, the complaint

The Commission shall refuse to deal with a complaint concerning any decision under Part IV.

The Commission shall refuse to deal with a complaint made under subsection (1) by a member or other person appointed or employed under Part I if the complaint has been or could have been adequately dealt with, or could more appropriately be dealt with, according to a procedure provided for under this Act or any other Act of Parliament.

The Commission shall refuse to deal with a complaint concerning an activity that is closely related to national security and shall refer such a complaint to the National Security and Intelligence Review Agency.

The Commission shall notify the Commissioner if it refers a complaint to the National Security and Intelligence Review Agency. After doing so, it shall also notify the complainant of the referral.

The complaint shall be made within one year after the day on which the conduct is alleged to have occurred or any longer period permitted under subsection (6).

The Commission or the Commissioner may extend the time limit for making a complaint if the Commission or the Commissioner, as the case may be, is of the opinion that there are good reasons for doing so and that it is not contrary to the public interest.

If a complaint is made more than one year after the day on which the conduct is alleged to have occurred and the Commissioner does not extend the time limit for the making of the complaint, the Commissioner shall so notify the complainant and the Commission.

A complaint shall be made to

The Commission shall, on the request of an individual who wishes to make a complaint, arrange for the provision of assistance to that individual in making the complaint.

As soon as feasible after a person or entity referred to in subsection (8) receives a complaint, the person or entity shall acknowledge the complaint in writing to the complainant and shall provide written notice of the complaint to the Commissioner and to the entities referred to in paragraphs (8)(a) and (c).

The Commission and the Force are authorized to acknowledge a complaint or otherwise deal with a complainant in a manner that does not reveal, or from which may not be inferred, information concerning

A complainant may withdraw a complaint at any time by sending a written notice to the Commission.

The Commission shall, on the request of an individual who wishes to withdraw a complaint, arrange for the provision of assistance to that individual in withdrawing the complaint.

As soon as feasible after the Commission receives a notice that a complaint has been withdrawn, the Commission shall give written notice of the withdrawal to the Commissioner and the provincial authority that is responsible for the receipt of complaints against police in the province in which the subject matter of the complaint arose.

When the Commissioner receives a notice under subsection (3), he or she shall notify in writing the member or other person whose conduct is the subject matter of the complaint that the complaint has been withdrawn.

Despite the withdrawal of the complaint, the complaint may be the subject of an investigation, review or hearing conducted under this Part.

The Commissioner shall ensure the protection and preservation of any evidence relating to a withdrawn complaint.

The Governor in Council may make regulations respecting the period during which the evidence is to be protected and preserved.

As soon as feasible after being notified of a complaint, the Commissioner shall consider whether the complaint can be resolved informally and, with the consent of the complainant and the member or other person whose conduct is the subject matter of the complaint, may attempt to resolve it informally.

An answer or statement made in the course of attempting to resolve a complaint informally, by the complainant or the member or other person whose conduct is the subject matter of the complaint, may be used or received against that person only in

The terms of every informal resolution of a complaint as well as the agreement of the complainant and the member or other person whose conduct is the subject matter of the complaint to those terms shall be signified in writing. A copy of everything so signified in writing is to be provided to the Commission.

The Governor in Council may make regulations prescribing the categories of complaints that are not to be resolved informally by the Commissioner.

For greater certainty, nothing in this section prevents the Commission from informally resolving a complaint of which it is seized.

If a complaint is made under this Part with respect to the conduct of a member or other person, the following persons shall be given an opportunity to make representations with respect to that conduct’s impact on the person:

Representations, including any personal information contained in them, received by the Commission in relation to the complaint shall be disclosed as soon as feasible to the Force and those representations shall be taken into account by a conduct authority or conduct board in determining a conduct measure to be imposed under Part IV.

The Governor in Council may make regulations respecting the making of representations under subsection (1).

The Commissioner and the Commission shall establish and maintain a record of all complaints they receive under this Part, including those that are resolved informally and those that are withdrawn by the complainant.

Subject to sections 45.4 and 45.42, the Commissioner shall, on request, make available to the Commission any information contained in a record maintained by the Commissioner under subsection (1).

If the Chairperson is satisfied that there are reasonable grounds to investigate the conduct, in the performance of any duty or function under this Act or the Witness Protection Program Act, of any person who, at the time that the conduct is alleged to have occurred, was a member or other person appointed or employed under Part I, the Chairperson may initiate a complaint in relation to that conduct.

Unless the context otherwise requires, a reference in this Part to a complainant is, in relation to a complaint initiated under subsection (1), a reference to the Chairperson.

The Chairperson shall notify the Minister and the Commissioner of any complaint initiated under subsection (1).

Immediately after being notified of a complaint under subsection (3), the Commissioner shall notify in writing the member or other person whose conduct is the subject matter of the complaint of the substance of the complaint unless, in the Commissioner’s opinion, to do so might compromise or hinder any investigation that is being or may be carried out in respect of the complaint.

Subject to subsection (2) and section 45.61, the Force shall investigate, in accordance with the rules made under section 45.62, any complaint made under this Part.

The Force shall not commence or continue an investigation of a complaint if the Commission has notified the Commissioner that it will investigate that complaint or institute a hearing to inquire into that complaint.

The Commissioner may direct the Force to not commence or continue an investigation of a complaint, other than a complaint initiated under subsection 45.59(1), if, in the Commissioner’s opinion,

The Commissioner shall direct the Force to not commence or continue an investigation of a complaint by a member or other person appointed or employed under Part I if the complaint has been or could have been adequately dealt with, or could more appropriately be dealt with, according to a procedure provided for under this Act or any other Act of Parliament.

If the Commissioner directs the Force to not commence or continue an investigation of a complaint, the Commissioner shall give notice in writing to the complainant and the member or other person whose conduct is the subject matter of the complaint of the decision and the reasons for it and the complainant’s right to refer the complaint to the Commission for review, within 60 days after being notified of the decision, if the complainant is not satisfied with the decision.

The Commissioner shall notify the Commission of any action he or she takes under this section.

The Commission may, in relation to a complaint before it,

No witness shall be excused from answering any question or producing any document or thing, when compelled to do so by the Commission, on the grounds that the answer or statement made in response to the question, or the document or thing given by the witness, may tend to criminate him or her or subject him or her to any criminal, civil or administrative action or proceeding.

Evidence given, or a document or thing produced, by a witness who is compelled by the Commission to give or produce it, and any evidence derived from it, may be used or received against the witness only in

Despite subsection (1), the Commission shall not receive or accept

Despite paragraph (1)(a), the Commission shall not enforce the production of written evidence or any document or thing to which the Commission has a right of access under subsection 45.4(2).

Any witness, other than a member, who is summoned is entitled, at the discretion of the Commission, to receive the same fees and allowances as those paid to witnesses summoned to attend before the Federal Court.

After receiving or being notified of a complaint made under this Part, the Commission shall investigate the complaint or institute a hearing to inquire into the complaint if the Chairperson is of the opinion that it would be in the public interest for the Commission to do so.

The Commission shall notify the Minister and the Commissioner of any investigation or hearing initiated under this section.

The Commission may decide to discontinue an investigation of a complaint if, in the Commission’s opinion,

The Commission shall discontinue an investigation of a complaint if subsection 45.53(3) or (4) applies.

The Commission shall discontinue an investigation of a complaint if subsection 45.53(4.1) applies and shall refer the complaint to the National Security and Intelligence Review Agency.

Subject to subsection (3.1), if the Commission discontinues an investigation of a complaint, the Commission shall give notice in writing of the discontinuance and the reasons for it to the complainant and the Commissioner.

If the investigation of a complaint is discontinued under subsection (2.1), the Commission shall give to the Commissioner notice in writing of the investigation’s discontinuance and the referral of the complaint to the National Security and Intelligence Review Agency. After doing so, the Commission shall give notice in writing of the discontinuance and the referral to the complainant.

After receiving the notice, the Commissioner shall notify the member or other person whose conduct is the subject matter of the complaint of the discontinuance of the investigation of the complaint and, if applicable, of the referral made under subsection (2.1).

A complainant who is not satisfied with a decision under section 45.61 or a report under section 45.64 may, within 60 days after being notified of the decision or receiving the report, refer the complaint in writing to the Commission for review.

The Commission may extend the time limit for referring a complaint to the Commission for review if the Commission is of the opinion that there are good reasons for doing so and that it is not contrary to the public interest.

If a complainant refers a complaint to the Commission under subsection (1),

The Commission shall review every complaint referred to it under section 45.7.

If, after reviewing a complaint, the Commission is satisfied with the Commissioner’s decision or report, the Commission shall prepare and send a report in writing to that effect to the Minister, the Commissioner, the complainant and the member or other person whose conduct is the subject matter of the complaint.

If, after reviewing a complaint, the Commission is not satisfied with the Commissioner’s decision or report or considers that further inquiry is warranted, the Commission may

The Commissioner shall, as soon as feasible after receiving a report referred to in paragraph 45.71(3)(a), provide the Commission and the Minister with a written response indicating any further action that has been or will be taken with respect to the complaint. If the Commissioner decides not to act on any findings or recommendations set out in the report, the Commissioner shall include in the response the reasons for not so acting.

After considering the Commissioner’s response under subsection (1), the Commission shall prepare a final report in writing setting out any findings and recommendations with respect to the complaint that the Commission sees fit and shall send a copy of the report to the Minister, the Commissioner, the complainant and the member or other person whose conduct is the subject matter of the complaint. If there is an arrangement between the government of a province and the Minister under section 20, the Commission shall also send a copy of the report to the provincial minister who has the primary responsibility for policing in the province in which the conduct complained of occurred.

If the Commission decides, under section 45.66 or paragraph 45.71(3)(c), to institute a hearing to inquire into a complaint, the Chairperson shall assign one or more members of the Commission to conduct the hearing and shall send a notice in writing of the decision to the Minister, the Commissioner, the complainant and the member or other person whose conduct is the subject matter of the complaint.

For the purposes of this section, the member or members of the Commission who are conducting the hearing are deemed to be the Commission.

In this section, parties means the officer designated by the Commissioner for the purposes of this Part, the member or other person whose conduct is the subject matter of the complaint and the complainant.

The Commission shall serve a notice in writing of the time and place set for the hearing on the parties.

The Commission may sit at any place in Canada and at any time that may be fixed by the Commission, taking into account the convenience of the parties who wish to appear before the Commission.

A hearing to inquire into a complaint shall be held in public but the Commission, on its own initiative or at the request of any party or witness, may order a hearing or any part of a hearing to be held in camera or ex parte if it is of the opinion

The parties and any other person who satisfies the Commission that the person has a substantial and direct interest in a complaint before the Commission shall be allowed an opportunity, in person or by legal counsel, to present evidence, cross-examine witnesses and make representations at the hearing.

The Commission shall permit any person who gives evidence at a hearing to be represented by legal counsel.

The officer designated by the Commissioner for the purposes of this Part may be represented or assisted at a hearing by any other person.

If the officer referred to in subsection (9) is represented or assisted by another person, communications passing in confidence between them in relation to the hearing are, for the purposes of this Act, privileged as if they were communications passing in professional confidence between the officer and their legal counsel.

If the Commission sits at a place in Canada that is not the ordinary place of residence of the complainant, of the member or other person whose conduct is the subject matter of the complaint or of the legal counsel of any of those persons, then that person or their legal counsel is entitled, at the discretion of the Commission, to receive, in accordance with Treasury Board directives, the travel and living expenses incurred by that person or their legal counsel in appearing before the Commission.

The Commission shall suspend an investigation, review or hearing with respect to a complaint if, in the Commission’s opinion, continuing it would compromise or seriously hinder an ongoing criminal investigation or proceeding.

The Commission shall suspend an investigation, review or hearing with respect to a complaint if it is requested to do so in writing by the Commissioner. The Commissioner may make the request only if, in the Commissioner’s opinion, the investigation, review or hearing would compromise or seriously hinder an ongoing criminal investigation or proceeding, and the Commissioner shall set out the reasons for his or her opinion in the request.

The Commission may suspend an investigation, review or hearing with respect to a complaint if, in the Commission’s opinion, continuing it would compromise or seriously hinder an ongoing civil or administrative proceeding.

If a complaint concerns the conduct of a member or other person appointed or employed under Part I and a law enforcement officer of any other jurisdiction, whether in or outside Canada, the Commission may conduct an investigation, review or hearing of that complaint jointly with the authority in that other jurisdiction that is responsible for investigations, reviews or hearings with respect to complaints against law enforcement officers.

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

On completion of an investigation or a hearing, the Commission shall prepare and send to the Minister and the Commissioner a report in writing setting out any findings and recommendations with respect to the complaint that the Commission sees fit.

The Commissioner shall, as soon as feasible, provide the Chairperson and the Minister with a written response indicating any further action that has been or will be taken with respect to the complaint. If the Commissioner decides not to act on any findings or recommendations set out in the report, the Commissioner shall include in the response the reasons for not so acting.

After considering the Commissioner’s response, the Commission shall prepare a final report in writing setting out any findings and recommendations with respect to the complaint that the Commission sees fit and shall send a copy of the report to the Minister, the Commissioner, the complainant and the member or other person whose conduct is the subject matter of the complaint. If there is an arrangement between the government of a province and the Minister under section 20, the Commission shall also send a copy of the report to the provincial minister who has the primary responsibility for policing in the province in which the conduct complained of occurred.

The following definitions apply in this Part.

The lieutenant governor in council of a province may designate any person, body or authority as the designated authority for that province for the purposes of this Part and Part VII.2.

The Governor in Council may, by regulation, prescribe physical or psychological injuries for the purposes of the definition serious injury in subsection (1).

If there is an investigative body in the province in which the serious incident is alleged to have occurred, the designated authority for that province shall first consider appointing that investigative body to investigate the serious incident.

If there is no investigative body or, after consideration, the designated authority does not appoint one, the designated authority may appoint a police force to investigate the serious incident.

If the designated authority appoints an investigative body or police force to investigate the serious incident, the Force shall, as soon as feasible, refer the investigation of the serious incident to that investigative body or police force.

If there is no designated authority for a province or the designated authority for a province notifies the Force that no investigative body or police force will be appointed to investigate the serious incident, the Force shall, as soon as feasible, request an investigative body or a police force to investigate it having taken into account the available expertise and resources of that investigative body or police force.

If the investigative body, or the police force that receives the request, notifies the Force that it will not investigate the serious incident and the Force does not consider any other investigative body or police force to be appropriate to receive such a request, the Force shall, as soon as feasible,

The Force shall make reasonable efforts under this section to identify an investigative body or police force to investigate the serious incident and shall keep a written record of the efforts made.

The Commissioner shall provide the Chairperson with a report outlining the efforts made by the Force under subsection (3).

If a police force is appointed under subsection 45.81(2) — or accepts, following a request made under subsection 45.82(1) — to investigate a serious incident and no observer is appointed by a designated authority,

If the Force investigates a serious incident, the Force shall permit an observer appointed by a designated authority or by the Commission under subsection (3) to assess the impartiality of the investigation.

If the Force investigates a serious incident and no observer is appointed by a designated authority, the Commission may appoint an observer to assess the impartiality of the investigation conducted by the Force.

If no observer is appointed to an investigation of a serious incident under subsection (2) or (3), the Commissioner shall provide the Chairperson with a report that sets out all measures that have been or will be taken by the Force to ensure the impartiality of the investigation.

An observer appointed by a designated authority for the purposes of this Part has the same immunity that an observer appointed by the Commission has under subsection 45.5(1).

Despite subsection 45.5(2) but subject to section 45.86, every observer is a compellable witness in every criminal, civil or administrative action or proceeding, or inquiry, in respect of any matter coming to the knowledge of the observer as a result of exercising a power or performing a duty or function under this Part.

The observer shall, in accordance with the regulations, provide a report respecting the impartiality of the investigation of a serious incident to the Chairperson and the Commissioner and, if the investigation was carried out by a police force other than the Force, to the chief of police of that force.

If the observer’s report identifies concerns with respect to the impartiality of an investigation, the Commissioner or, if the investigation was carried out by a police force other than the Force, the chief of police of that force, shall provide to the Chairperson a written response to the observer’s report that includes a description of what actions have or will be taken by the Force or the police force, as the case may be, to address those concerns.

If the Chairperson is not satisfied with a response of the Commissioner or chief of police, the Chairperson shall issue a report to that effect to the Attorney General for the province in which the incident is alleged to have occurred and to the provincial minister who has the primary responsibility for policing in that province.

The Chairperson shall provide a copy of any report issued under subsection (3) to the Minister.

The following definitions apply in this Part.

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.

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.

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.

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.

The Commission shall include in its report any findings and recommendations that the Commission sees fit regarding

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.

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

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:

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:

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.

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

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.

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

In this section and sections 47 to 47.3, board means

In sections 47.1 to 47.3, board includes the Commission.

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

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.

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.

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).

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

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.

The Commissioner may make rules prescribing

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.

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.

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.

Every person who

Every person is guilty of an offence punishable on summary conviction who, without the authority of the Commissioner, uses

Every person not being a former member who, without the authority of the Commissioner, uses any clothing, equipment, badge, medal, ribbon, document or other thing in such a manner as to lead to a reasonable belief that the person was a member of the Force is guilty of an offence punishable on summary conviction.

No proceedings in respect of an offence under this section shall be instituted without the consent of the Minister.

Every person commits an offence punishable on summary conviction who

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.

Every person who is convicted of an offence under subsection (1) is liable to a fine of not more than $5,000 or to imprisonment for a term of not more than six months or to both.

No person shall

Every person who contravenes subsection (1) commits an offence and is guilty of

Every person who fails to comply with subsection 45.44(2) or (6) or 45.46(4) is guilty of an offence punishable on summary conviction and liable to a fine of not more than $5,000 or to imprisonment for a term of not more than six months, or to both.

No person who establishes that they exercised all due diligence to prevent the commission of an offence under subsection (1) may be convicted of that offence.