APEC – Commission Interim Report
Appendix I: Parts VI and VII of the RCMP Act
Part VI Royal Canadian Mounted Police Public Complaints Commission
Establishment and Organization of Commission
Commission established
45.29
1. There is hereby established a commission, to be known as the Royal Canadian Mounted Police Public Complaints Commission, consisting of a Chairman, a Vice-Chairman, a member for each contracting province and not more than three other members, to be appointed by order of the Governor in Council.
Consultation
2. A member of the Commission for a contracting province shall be appointed after consultation with the Minister or other elected representative responsible for police affairs in that province.
Full- or part-time
3. The Commission Chairman is a full-time member of the Commission and the other members may be appointed as full-time or part-time members of the Commission.
Tenure of office
4. Each member of the Commission 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.
Re-appointment
5. A member of the Commission is eligible for re-appointment on the expiration of the member's term of office.
Eligibility
6. No member of the Force is eligible to be appointed or to continue as a member of the Commission.
Alternate member
7. The Governor in Council may, by order, appoint a person to be an alternate member for any member of the Commission, other than the Commission Chairman, and the alternate member so appointed may act as a member of the Commission in the event of the absence, incapacity or ineligibility to conduct a hearing of that member.
Idem
8. An alternate member shall be appointed as a part-time member of the Commission and subsections (2), (4) to (6) and (10) and (11) apply, with such modifications as the circumstances require, to an alternate member as though the alternate member were a member of the Commission.
Salary of full-time members
9. Each full-time member of the Commission is entitled to be paid such salary in connection with the work of the Commission as may be approved by order of the Governor in Council.
Fees of part-time members
10. Each part-time member of the Commission is entitled to be paid such fees in connection with the work of the Commission as may be approved by order of the Governor in Council.
Expenses
11. Each member of the Commission 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 Commission.
Benefits of full-time members
12. 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 and to be employed in the public service of Canada for the purposes of the Government Employees Compensation Act and any regulations made under section 9 of the Aeronautics Act.
Definition of "contracting province"
13. In this section, "contracting province" means a province the government of which has entered into an arrangement with the Minister pursuant to section 20.
R.S., 1985, c. 8 (2nd Supp.), s. 16.
Commission Chairman
45.3
1. The Commission Chairman is the chief executive officer of the Commission and has supervision over and direction of the work and staff of the Commission.
Absence or incapacity
2. In the event of the absence or incapacity of the Commission Chairman or if the office of Commission Chairman is vacant, the Minister may authorize the Vice-Chairman to exercise the powers and perform the duties and functions of the Commission Chairman.
Delegation
3. The Commission Chairman may delegate to the Vice-Chairman any of the Commission Chairman's powers, duties or functions under this Act, except the power to delegate under this subsection and the duty under section 45.34.
R.S., 1985, c. 8 (2nd Supp.), s. 16.
Head Office
45.31
1. The head office of the Commission shall be at such place in Canada as the Governor in Council may, by order, designate.
Staff
2. Such officers and employees as are necessary for the proper conduct of the work of the Commission shall be appointed in accordance with the Public Service Employment Act.
Idem
3. The Commission may, with the approval of the Treasury Board,
-
engage on a temporary basis the services of persons having technical or specialized knowledge of any matter relating to the work of the Commission to advise and assist the Commission in the exercise or performance of its powers, duties and functions under this Act; and
- fix and pay the remuneration and expenses of persons engaged pursuant to paragraph (a).
R.S., 1985, c. 8 (2nd Supp.), s. 16.
Duties
Duties of Commission
45.32
1. The Commission shall carry out such functions and duties as are assigned to it by this Act.
Duties of Commission Chairman
2. The Commission Chairman shall carry out such functions and duties as are assigned to the Commission Chairman by this Act.
R.S., 1985, c. 8 (2nd Supp.), s. 16.
Rules
45.33 Subject to this Act, the Commission may make rules respecting
- the sittings of the Commission;
- the manner of dealing with matters and business before the Commission generally, including the practice and procedure before the Commission;
- the apportionment of the work of the Commission among its members and the assignment of members to review complaints referred to the Commission; and
- the performance of the duties and functions of the Commission under this Act generally.
R.S., 1985, c. 8 (2nd Supp.), s. 16.
Annual Report
Annual report
45.34
The Commission Chairman 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, 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.
R.S., 1985, c. 8 (2nd Supp.), s. 16.
Part VII Public Complaints
Receipt and Investigation of Complaints
Complaints by public
45.35
1. Any member of the public having a complaint concerning the conduct, in the performance of any duty or function under this Act or the Witness Protection Program Act, of any member or other person appointed or employed under the authority of this Act may, whether or not that member of the public is affected by the subject-matter of the complaint, make a complaint to
- the Commission;
- any member or other person appointed or employed under the authority of this Act; or
- the provincial authority in the province in which the subject-matter of the complaint arose that is responsible for the receipt and investigation of complaints by the public against police.
Acknowledgment of complaint
2. Every complaint under subsection (1) shall be acknowledged in writing, if the complaint is in writing or if the complainant requests that the complaint be so acknowledged.
Notification of Commissioner
3. The Commissioner shall be notified of every complaint under subsection (1).
Notification of member
4. Forthwith 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 adversely affect or hinder any investigation that is being or may be carried out in respect of the complaint.
R.S., 1985, c. 8 (2nd Supp.), s. 16; 1996, c. 15, s. 22.
Informal disposition
45.36
1. The Commissioner shall consider whether a complaint under subsection 45.35(1) can be disposed of 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 so dispose of the complaint.
Statements not admissible
2. No answer or statement made, in the course of attempting to dispose of a complaint informally, by the complainant or the member or other person whose conduct is the subject-matter of the complaint shall be used or receivable in any criminal, civil or administrative proceedings other than, where the answer or statement was made by a member, a hearing under section 45.1 into an allegation that with intent to mislead the member gave the answer or statement knowing it to be false.
Record of informal disposition
3. Where a complaint is disposed of informally, a record shall be made of the manner in which the complaint was disposed of, the complainant's agreement to the disposition shall be signified in writing by the complainant and the member or other person whose conduct is the subject-matter of the complaint shall be informed of the disposition.
Investigation
4. Where a complaint is not disposed of informally, the complaint shall be investigated by the Force in accordance with rules made pursuant to section 45.38.
Right to refuse or terminate investigation
5. Notwithstanding any other provision of this Part, the Commissioner may direct that no investigation of a complaint under subsection 45.35(1) be commenced or that an investigation of such a complaint be terminated if, in the Commissioner's opinion,
- the complaint is one that could more appropriately be dealt with, initially or completely, according to a procedure provided under any other Act of Parliament;
- the complaint is trivial, frivolous, vexatious or made in bad faith; or
- having regard to all the circumstances, investigation or further investigation is not necessary or reasonably practicable.
Notification of complainant and member
6. Where the Commissioner makes a direction in respect of a complaint pursuant to subsection (5), the Commissioner shall give notice in writing to the complainant and, if the member or other person whose conduct is the subject-matter of the complaint has been notified under subsection 45.35(4), to that member or other person, of the direction and the reasons therefor and the right of the complainant to refer the complaint to the Commission for review if the complainant is not satisfied with the direction.
R.S., 1985, c. 8 (2nd Supp.), s. 16.
Complaints initiated by Commission Chairman
45.37
1. Where the Commission Chairman is satisfied that there are reasonable grounds to investigate the conduct, in the performance of any duty or function under this Act, of any member or other person appointed or employed under the authority of this Act, the Commission Chairman may initiate a complaint in relation thereto and where the Commission Chairman does so, unless the context otherwise requires, a reference hereafter in this Part to a complainant includes a reference to the Commission Chairman.
Notification of Commissioner and Minister
2. The Commission Chairman shall notify the Minister and the Commissioner of any complaint initiated under subsection (1).
Notification of member
3. Forthwith after being notified of a complaint under subsection (2), 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 adversely affect or hinder any investigation that is being or may be carried out in respect of the complaint.
Investigation
4. A complaint under subsection (1) shall be investigated by the Force in accordance with rules made pursuant to section 45.38.
R.S., 1985, c. 8 (2nd Supp.), s. 16.
Rules
5. The Commissioner may make rules governing the procedures to be followed by the Force in notifying persons under this Part and in investigating, disposing of or otherwise dealing with complaints under this Part.
R.S., 1985, c. 8 (2nd Supp.), s. 16.
Interim reports
45.39
The Commissioner shall notify in writing the complainant and the member or other person whose conduct is the subject-matter of the complaint of the status of the investigation of the complaint to date not later than forty-five days after being notified of the complaint and monthly thereafter during the course of the investigation unless, in the Commissioner's opinion, to do so might adversely affect or hinder any investigation that is being or may be carried out in respect of the complaint.
R.S., 1985, c. 8 (2nd Supp.), s. 16.
Final report
45.4
On completion of the investigation of a complaint, the Commissioner shall send to the complainant and the member or other person whose conduct is the subject-matter of the complaint a report setting out
- summary of the complaint;
- the results of the investigation;
- a summary of any action that has been or will be taken with respect to resolution of the complaint; and
- in the case of a complaint under subsection 45.35(1), the right of the complainant to refer the complaint to the Commission for review if the complainant is not satisfied with the disposition of the complaint by the Force.
R.S., 1985, c. 8 (2nd Supp.), s. 16.
Reference to Commissio
Reference to Commission
45.41
1. A complainant under subsection 45.35(1) who is not satisfied with the disposition of the complaint by the Force or with a direction under subsection 45.36(5) in respect of the complaint may refer the complaint in writing to the Commission for review.
Material to be furnished
2. Where a complainant refers a complaint to the Commission pursuant to subsection (1),
- the Commission Chairman shall furnish the Commissioner with a copy of the complaint; and
- (b) the Commissioner shall furnish the Commission Chairman with the notice under subsection 45.36(6) or the report under section 45.4 in respect of the complaint, as the case may be, and such other materials under the control of the Force as are relevant to the complaint.
R.S., 1985, c. 8 (2nd Supp.), s. 16.
Review by Commission Chairman
45.42
1. The Commission Chairman shall review every complaint referred to the Commission pursuant to subsection 45.41(1) or initiated under subsection 45.37(1) unless the Commission Chairman has previously investigated, or instituted a hearing to inquire into, the complaint under section 45.43.
Action by Commission Chairman
2. Where, after reviewing a complaint, the Commission Chairman is satisfied with the disposition of the complaint by the Force, the Commission Chairman shall prepare and send a report in writing to that effect to the Minister, the Commissioner, the member or other person whose conduct is the subject-matter of the complaint and, in the case of a complaint under subsection 45.35(1), the complainant.
Idem
3. Where, after reviewing a complaint, the Commission Chairman is not satisfied with the disposition of the complaint by the Force or considers that further inquiry is warranted, the Commission Chairman may
- prepare and send to the Minister and the Commissioner a report in writing setting out such findings and recommendations with respect to the complaint as the Commission Chairman sees fit;
- request the Commissioner to conduct a further investigation into the complaint; or
- investigate the complaint further or institute a hearing to inquire into the complaint.
R.S., 1985, c. 8 (2nd Supp.), s. 16.
Institution of hearing without Force report
45.43
1. Where the Commission Chairman considers it advisable in the public interest, the Commission Chairman may investigate, or institute a hearing to inquire into, a complaint concerning the conduct, in the performance of any duty or function under this Act, of any member or other person appointed or employed under the authority of this Act, whether or not the complaint has been investigated, reported on or otherwise dealt with by the Force under this Part.
Force not required to act before report
2. Notwithstanding any other provision of this Part, where the Commission Chairman investigates, or institutes a hearing to inquire into, a complaint pursuant to subsection (1), the Force is not required to investigate, report on or otherwise deal with the complaint before the report under subsection (3) or the interim report under subsection 45.45(14) with respect to the complaint has been received by the Commissioner.
Report on investigation
3. On completion of an investigation under paragraph 45.42(3)(c) or subsection (1), the Commission Chairman shall prepare and send to the Minister and the Commissioner a report in writing setting out such findings and recommendations with respect to the complaint as the Commission Chairman sees fit unless the Commission Chairman has instituted, or intends to institute, a hearing to inquire into the complaint under that paragraph or subsection.
R.S., 1985, c. 8 (2nd Supp.), s. 16.
Hearing
45.44
1. Where the Commission Chairman decides to institute a hearing to inquire into a complaint pursuant to subsection 45.42(3) or 45.43(1), the Commission Chairman shall assign the member or members of the Commission to conduct the hearing and send a notice in writing of the decision to the Minister, the Commissioner, the member or other person whose conduct is the subject-matter of the complaint and, in the case of a complaint under subsection 45.35(1), the complainant.
Provincial representation
2. Where a complaint that is to be the subject of a hearing concerns conduct occurring in the course of providing services pursuant to an arrangement entered into under section 20, the member of the Commission appointed for the province in which the conduct occurred shall be assigned, either alone or with other members of the Commission, to conduct the hearing.
R.S., 1985, c. 8 (2nd Supp.), s. 16.
Commission
45.45
1. For the purposes of this section, the member or members conducting a hearing to inquire into a complaint are deemed to be the Commission.
Notice
2. The Commission shall serve a notice in writing of the time and place appointed for a hearing on the parties.
Sittings of Commission
3. Where a party wishes to appear before the Commission, the Commission shall sit at such place in Canada and at such time as may be fixed by the Commission, having regard to the convenience of the parties.
Powers of Commission
4. The Commission has, in relation to the complaint 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).
Rights of persons interested
5. 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 afforded a full and ample opportunity, in person or by counsel, to present evidence, to cross-examine witnesses and to make representations at the hearing.
Representation of witnesses
6. The Commission shall permit any person who gives evidence at a hearing to be represented by counsel.
Appropriate officer
7. In addition to the rights conferred by subsections (5) and (6), the appropriate officer may be represented or assisted at a hearing by any other member.
Restriction
8. Notwithstanding subsection (4), the Commission may not receive or accept
- (a) subject to subsection (9), any evidence or other information that would be inadmissible in a court of law by reason of any privilege under the law of evidence;
- (b) any answer or statement made in response to a question described in subsection 24.1(7), 35(8), 40(2), 45.1(11) or 45.22(8);
- (c) any answer or statement made in response to a question described in subsection (9) in any hearing under this section into any other complaint; or
- (d) any answer or statement made in the course of attempting to dispose of a complaint under section 45.36,
Witness not excused from testifying
9. In a hearing, no witness shall be excused from answering any question relating to the complaint before the Commission when required to do so by the Commission on the ground that the answer to the question may tend to criminate the witness or subject the witness to any proceeding or penalty.
Answer not receivable
10. Where the witness is a member, no answer or statement made in response to a question described in subsection (9) shall be used or receivable against the witness in any hearing under section 45.1 into an allegation of contravention of the Code of Conduct by the witness, other than a hearing into an allegation that with intent to mislead the witness gave the answer or statement knowing it to be false.
Hearing in public
11. A hearing to inquire into a complaint shall be held in public, except that the Commission may order the hearing or any part of the hearing to be held in private if it is of the opinion that during the course of the hearing any of the following information will likely be disclosed, namely,
- information the disclosure of which could reasonably be expected to be injurious to the defence of Canada or any state allied or associated with Canada or the detection, prevention or suppression of subversive or hostile activities;
- information the disclosure of which could reasonably be expected to be injurious to law enforcement; and
- information respecting a person's financial or personal affairs where that person's interest or security outweighs the public's interest in the information.
Return of documents, etc.
12. Any document or thing produced pursuant to this section to the Commission 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 final report under subsection 45.46(3).
Expenses
13. Where the Commission sits at a place in Canada that is not the ordinary place of residence of the member or other person whose conduct is the subject-matter of the complaint, of the complainant or of the counsel of that member or other person or that complainant, that member or other person, complainant or counsel is entitled, in the discretion of the Commission, to receive such travel and living expenses incurred by the member or other person, complainant or counsel in appearing before the Commission as may be fixed by the Treasury Board.
Interim report
14. On completion of a hearing, the Commission shall prepare and send to the Minister and the Commissioner a report in writing setting out such findings and recommendations with respect to the complaint as the Commission sees fit.
Definition of "parties"
15. In this section and section 45.46, "parties" means the appropriate officer, the member or other person whose conduct is the subject-matter of a complaint and, in the case of a complaint under subsection 45.35(1), the complainant.
R.S., 1985, c. 8 (2nd Supp.), s. 16; 1996, c. 15, s. 23.
Review of complaint
45.46
1. On receipt of a report under subsection 45.42(3), 45.43(3) or 45.45(14), the Commissioner shall review the complaint in light of the findings and recommendations set out in the report.
Decision of Commissioner
2. After reviewing a complaint in accordance with subsection (1), the Commissioner shall notify the Minister and the Commission Chairman in writing of any further action that has been or will be taken with respect to the complaint, and where the Commissioner decides not to act on any findings or recommendations set out in the report, the Commissioner shall include in the notice the reasons for not so acting.
Final report
3. After considering a notice under subsection (2), the Commission Chairman shall prepare and send to the Minister, the Commissioner and the parties a final report in writing setting out such findings and recommendations with respect to the complaint as the Commission Chairman sees fit.
R.S., 1985, c. 8 (2nd Supp.), s. 16.
Record
45.47 The Commissioner shall
- establish and maintain a record of all complaints received by the Force under this Part; and
- on request, make available to the Commission any information contained in the record.
R.S., 1985, c. 8 (2nd Supp.), s. 16.