[excerpts]

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

Short title

1. This Act may be cited as the Royal Canadian Mounted Police Act.

R.S., c. R-9, s. 1.

Interpretations

Definitions

2. (1) In this Act,

"appropriate officer" means, in respect of a member, such officer as is designated pursuant to subsection (3);

"child" means a person who is or, in the absence of any evidence to the contrary, appears to be under the age of eighteen years;

"Code of Conduct" means the regulations made pursuant to section 38;

"Commission" means the Royal Canadian Mounted Police Public Complaints Commission established by section 45.29;

"Commission Chairman" means the Chairman of the Commission;

"Commissioner" means the Commissioner of the Royal Canadian Mounted Police;

"Committee" means the Royal Canadian Mounted Police External Review Committee established by section 25;

"Committee Chairman" means the Chairman of the Committee;

"Force" means the Royal Canadian Mounted Police;

"guardian" means, in respect of a child, any person, other than a parent of the child, who is under a legal duty to provide for the child or who has, in law or in fact, the custody or control of the child;

"member" means any person

(a) who has been appointed as an officer or other member of the Force under section 5 or paragraph 6(3)(a) or 7(1)(a), and

(b) who has not been dismissed or discharged from the Force as provided in this Act, the regulations or the Commissioner's standing orders;

"Minister" means the Solicitor General of Canada;

"officer" means a member appointed by the Governor in Council pursuant to section 5 or paragraph 6(3)(a);

"representative" means a member who is representing or assisting another member pursuant to section 47.1.

Commissioner's standing orders

(2) 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.

Designation

(3) The Commissioner may, by rule, designate an officer to be the appropriate officer in respect of a member either for the purposes of this Act generally or for the purposes of any provision thereof in particular.

R.S., 1985, c. R-10, s. 2; R.S., 1985, c. 8 (2nd Supp.), s. 1.

PART I

CONSTITUTION AND ORGANIZATION

Composition of Force

Police Force for Canada

3. There shall continue to be a police force for Canada, which shall consist of officers and other members and be known as the Royal Canadian Mounted Police.

R.S., c. R-9, s. 3.

Employment of Force

4. The Force may be employed in such places within or outside Canada as the Governor in Council prescribes.

R.S., c. R-9, s. 4.

Commissioner

Appointment

5. (1) The Governor in Council may appoint an officer, to be known as the Commissioner of the Royal Canadian Mounted Police, who, under the direction of the Minister, has the control and management of the Force and all matters connected therewith.

Delegation

(2) The Commissioner may delegate to any member 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 section 32 (in relation to any type of grievance prescribed pursuant to subsection 33(4)), subsections 42(4) and 43(1), section 45.16, subsection 45.19(5), section 45.26 and subsections 45.46(1) and (2).

R.S., 1985, c. R-10, s. 5; R.S., 1985, c. 8 (2nd Supp.), s. 2.

Officers

Other officers

6. (1) The officers of the Force, in addition to the Commissioner, shall consist of

(a) Deputy Commissioners,

(b) Assistant Commissioners,

(d) Superintendents,

(e) Inspectors,

(f) [Repealed, R.S., 1985, c. 8 (2nd Supp.), s. 3]

and such other ranks as are prescribed by the Governor in Council.

Maximum number

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

Commissions

(3) The Governor in Council may

(a) appoint any person to the rank of an officer;

(b) 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;

(d) by way of demotion appoint an officer to a lower rank.

R.S., 1985, c. R-10, s. 6; R.S., 1985, c. 8 (2nd Supp.), ss. 3, 24(E).

Other Members and Supernumerary Special Constables

Appointment and designation

7. (1) The Commissioner may

(a) appoint members of the Force other than officers;

(b) by way of promotion appoint a member other than an officer to a higher rank or level for which there is a vacancy in the establishment of the Force;

(c) where the Commissioner is requested by any department of the Government of Canada or considers it necessary or in the public interest, appoint for a period not exceeding twelve months at any one time special constables supernumerary to the strength of the Force for the purpose of maintaining law and order; and

(d) designate any member, any supernumerary special constable appointed under this subsection or any temporary employee employed under subsection 10(2) as a peace officer.

Ranks and levels

(2) 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.

Revocation of appointment

(3) The Commissioner may at any time revoke the appointment of any supernumerary special constable appointed under subsection (1).

Certificates

(4) The Commissioner may issue

(a) a certificate to any member stating that the person to whom it is issued is a member of the Force and, if that person is also a peace officer, that the person is such an officer; and

(b) a certificate to any other person appointed or employed under the authority of this Act stating that the person to whom it is issued is a peace officer, if that person has been designated as such under subsection (1).

Evidence of appointment or designation

(5) Any document purporting to be a certificate referred to in subsection (4) is evidence in all courts and in all proceedings of the facts stated therein.

R.S., 1985, c. R-10, s. 7; R.S., 1985, c. 8 (2nd Supp.), s. 4, c. 1 (4th Supp.), s. 45(F).

Supernumerary special constables

8. Supernumerary special constables shall serve without pay and are not entitled to any pecuniary privileges or benefits under this Act.

R.S., 1985, c. R-10, s. 8; R.S., 1985, c. 8 (2nd Supp.), s. 4, c. 1 (4th Supp.), s. 45(F).

Peace officer

9. Every officer and every person designated as a peace officer under subsection 7(1) 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 or person is dismissed or discharged from the Force as provided in this Act, the regulations or the Commissioner's standing orders or until the appointment of the officer or person expires or is revoked.

R.S., 1985, c. R-10, s. 9; R.S., 1985, c. 8 (2nd Supp.), s. 4.

Qualifications

9.1 (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.

Exception

(2) 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.

R.S., 1985, c. 8 (2nd Supp.), s. 4.

Civilian Staff

Appointment and employment

10. (1) Subject to subsection (2), the civilian employees that are necessary for carrying out the functions and duties of the Force shall be appointed or employed under the Public Service Employment Act.

Temporary civilian staff

(2) The Commissioner may employ such number of temporary civilian employees at such remuneration and on such other terms and conditions as are prescribed by the Treasury Board, and may at any time dismiss or discharge any such employee.

(3) [Repealed, R.S., 1985, c. 8 (2nd Supp.), s. 5]

R.S., 1985, c. R-10, s. 10; R.S., 1985, c. 8 (2nd Supp.), s. 5.

Reserve

Establishment

11. (1) The Governor in Council may make regulations providing for the establishment of a Royal Canadian Mounted Police Reserve, for the appointment of members and officers thereof and for defining their powers, duties and functions.

Application of this Part to Reserve

(2) Except as provided by the regulations made under subsection (1), this Part does not apply to members of the Royal Canadian Mounted Police Reserve.

R.S., c. R-9, s. 12.

Tenure of Office of Members

Tenure of officers

12. (1) Officers of the Force hold office during the pleasure of the Governor in Council.

Other members

(2) No member other than an officer may be dismissed or discharged from the Force except as provided in this Act, the regulations or the Commissioner's standing orders.

R.S., 1985, c. R-10, s. 12; R.S., 1985, c. 8 (2nd Supp.), s. 6.

Suspension

12.1 Every member who has contravened, is found contravening or is suspected of contravening the Code of Conduct or an Act of Parliament or of the legislature of a province may be suspended from duty by the Commissioner.

R.S., 1985, c. 8 (2nd Supp.), s. 7.

Headquarters

13. The headquarters of the Force and the offices of the Commissioner shall be at Ottawa.

R.S., c. R-9, s. 14.

Oaths

14. (1) 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.

Authority to administer

(2) 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.

R.S., 1985, c. R-10, s. 14; R.S., 1985, c. 27 (1st Supp.), s. 203, c. 8 (2nd Supp.), s. 8.

Absence of Commissioner

Authority where Commissioner absent

15. (1) 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.

Authority where Commissioner and Deputy Commissioners absent

(2) 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.

R.S., c. R-9, s. 16.

16. [Repealed, R.S., 1985, c. 8 (2nd Supp.), s. 9]

17. [Repealed, R.S., 1985, c. 8 (2nd Supp.), s. 10]

Duties

18. It is the duty of members who are peace officers, subject to the orders of the Commissioner,

(a) to perform all duties that are assigned to peace officers in relation to the preservation of the peace, the prevention of crime and of offences against the laws of Canada and the laws in force in any province in which they may be employed, and the apprehension of criminals and offenders and others who may be lawfully taken into custody;

(b) to execute all warrants, and perform all duties and services in relation thereto, that may, under this Act or the laws of Canada or the laws in force in any province, be lawfully executed and performed by peace officers;

(c) to perform all duties that may be lawfully performed by peace officers in relation to the escort and conveyance of convicts and other persons in custody to or from any courts, places of punishment or confinement, asylums or other places; and

(d) to perform such other duties and functions as are prescribed by the Governor in Council or the Commissioner.

R.S., c. R-9, s. 18.

19. [Repealed, R.S., 1985, c. 8 (2nd Supp.), s. 11]

Arrangements with provinces

20. (1) 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.

Arrangements with municipalities

(2) 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.

Payment for services

(3) 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.

Taking over other police forces

(4) 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.

Report to Parliament

(5) 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.

R.S., c. R-9, s. 20.

Regulations and Rules

Regulations

21. (1) The Governor in Council may make regulations

(a) respecting the administrative discharge of members;

(b) for the organization, training, conduct, performance of duties, discipline, efficiency, administration or good government of the Force; and

Rules

(2) Subject to this Act and the regulations, the Commissioner may make rules

(a) respecting the administrative discharge of members; and

(b) for the organization, training, conduct, performance of duties, discipline, efficiency, administration or good government of the Force.

R.S., 1985, c. R-10, s. 21; R.S., 1985, c. 8 (2nd Supp.), s. 12.

Pay and allowances

22. (1) The Treasury Board shall establish the pay and allowances to be paid to members.

Reduction in pay where demotion

(1.1) 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.

During imprisonment

(2) No pay or allowances shall be paid to any member in respect of any period during which the member is serving a sentence of imprisonment.

During suspension

(3) The Treasury Board may make regulations respecting the stoppage of pay and allowances of members who are suspended from duty.

R.S., 1985, c. R-10, s. 22; R.S., 1985, c. 8 (2nd Supp.), s. 13.

Benefit Trust Fund

Fees, gifts, etc., payable to Fund

23. (1) All

(a) fees, costs, remuneration or commissions, other than pay and allowances under section 22, and

(b) gifts, awards and bequests, if money or converted into money, other than gifts or rewards under subsection (3),

earned by or awarded, paid or granted 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, unless the Minister directs otherwise.

Pay, forfeitures payable to Fund

(2) 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.

Purpose of Benefit Trust Fund

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

(a) for the benefit of members and former members and their dependants;

(b) as a reward, grant or compensation to any person who assists the Force in the performance of its duties in any case where the Minister is of the opinion that the person is deserving of recognition for the service rendered;

(c) as a reward to any person appointed or employed under the authority of this Act for good conduct or meritorious service; and

(d) for such other objects for the benefit of the Force as the Minister may direct.

Regulations

(4) 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.

R.S., 1985, c. R-10, s. 23; R.S., 1985, c. 8 (2nd Supp.), s. 14.

Disposition of Property

Abandoned or lost property

24. Where it appears to the Commissioner

(a) that any personal property that has, in Yukon, the Northwest Territories or Nunavut, come into the hands of any member in the course of the member's duties has been abandoned by the owner of it or the person entitled to it, or

(b) that a reasonable attempt has been made to find the owner of or person entitled to any personal property that has, in Yukon, the Northwest Territories or Nunavut, come into the hands of any member in the course of the member's duties, but the owner or person cannot be found,

the Commissioner may make such disposition of the property as the Commissioner in the circumstances deems fit, but the proceeds, if any, from the sale or other disposition of the property, and any such property consisting of money, shall be paid into the Consolidated Revenue Fund.

R.S., 1985, c. R-10, s. 24; R.S., 1985, c. 8 (2nd Supp.), s. 24(E); 1993, c. 28, s. 78; 2002, c. 7, s. 235(E).

PART II

ROYAL CANADIAN MOUNTED POLICE EXTERNAL REVIEW COMMITTEE

Establishment and Organization of Committee

Committee established

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

Full- or part-time

(2) The Committee Chairman 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.

Tenure of office

(3) 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.

Re-appointment

(4) A member of the Committee is eligible for re-appointment on the expiration of the member's term of office.

Eligibility

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

R.S., 1985, c. R-10, s. 25; R.S., 1985, c. 8 (2nd Supp.), s. 16.

Committee Chairman

26. (1) The Committee Chairman is the chief executive officer of the Committee and has supervision over and direction of the work and staff of the Committee.

Head office

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

R.S., 1985, c. R-10, s. 27; R.S., 1985, c. 8 (2nd Supp.), s. 16.

Duties of Committee

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

R.S., 1985, c. R-10, s. 28; R.S., 1985, c. 8 (2nd Supp.), s. 16.

Annual report

30. The Committee Chairman 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.

R.S., 1985, c. R-10, s. 30; R.S., 1985, c. 8 (2nd Supp.), s. 16.

PART III

GRIEVANCES

Presentation of Grievances

Right of member

31. (1) Subject to subsections (2) and (3), where any member is aggrieved by any 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.

Limitation period

(2) A grievance under this Part must be presented

(a) at the initial level in the grievance process, within thirty days after the day on which the aggrieved member knew or reasonably ought to have known of the decision, act or omission giving rise to the grievance; and

(b) at the second and any succeeding level in the grievance process, within fourteen days after the day the aggrieved member is served with the decision of the immediately preceding level in respect of the grievance.

Access to information

(4) Subject to any limitations prescribed pursuant to paragraph 36(b), any member presenting a grievance shall be granted access to such written or documentary information under the control of the Force and relevant to the grievance as the member reasonably requires to properly present it.

No penalty for presenting grievance

(5) 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.

Decision

(6) As soon as possible after the presentation and consideration of a grievance at any level in the grievance process, the member 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 pursuant to section 33, the Committee Chairman with a copy of the decision.

Excluded appointments

(7) 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.

R.S., 1985, c. R-10, s. 31; R.S., 1985, c. 8 (2nd Supp.), s. 16; 1994, c. 26, s. 63(F).

Final level in grievance process

32. (1) The Commissioner constitutes the final level in the grievance process and the Commissioner's decision in respect of any grievance is final and binding and, except for judicial review under the Federal Court Act, is not subject to appeal to or review by any court.

Commissioner not bound

(2) 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.

Rescission or amendment of decision

(3) 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.

R.S., 1985, c. R-10, s. 32; R.S., 1985, c. 8 (2nd Supp.), s. 16; 1990, c. 8, s. 65.

Reference to Committee

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

Idem

(2) 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.

Material to be furnished to Committee

(3) Where the Commissioner refers a grievance to the Committee pursuant to this section, the Commissioner shall furnish the Committee Chairman with a copy of

(a) the written submissions made at each level in the grievance process by the member presenting the grievance;

(b) the decisions rendered at each level in the grievance process in respect of the grievance; and

Grievances referable to Committee

(4) 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.

R.S., 1985, c. R-10, s. 33; R.S., 1985, c. 8 (2nd Supp.), s. 16.

Review by Committee Chairman

34. (1) The Committee Chairman shall review every grievance referred to the Committee pursuant to section 33.

Action by Committee Chairman

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

Idem

(3) Where, after reviewing a grievance, the Committee Chairman is not satisfied with the disposition of the grievance by the Force or considers that further inquiry is warranted, the Committee Chairman ma

(a) prepare and send to the Commissioner and the member presenting the grievance a report in writing setting out such findings and recommendations with respect to the grievance as the Committee Chairman sees fit; or

(b) institute a hearing to inquire into the grievance.

Hearing

(4) Where the Committee Chairman decides to institute a hearing to inquire into a grievance, the Committee Chairman 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.

R.S., 1985, c. R-10, s. 34; R.S., 1985, c. 8 (2nd Supp.), s. 16.

Committee

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

Notice

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

Sittings of Committee

(3) 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.

Powers of Committee

(4) 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).

Rights of persons interested

(5) 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.

Representation of witnesses

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

Restriction

(7) 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.

Witness not excused from testifying

(8) 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.

Answer not receivable

(9) Where 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 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 private

(10) A hearing shall be held in private, except that

(a) while a child is testifying at the hearing, the child's parent or guardian may attend the hearing; and

(b) when authorized by the Committee, a member may attend the hearing as an observer for the purpose of familiarizing the member with procedures under this section.

Return of documents, etc.

(11) 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.

Expenses

(12) 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.

Report

(13) 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.

Definition of "parties"

(14) In this section, "parties" means the appropriate officer and the member whose grievance has been referred to the Committee pursuant to section 33.

R.S., 1985, c. R-10, s. 35; R.S., 1985, c. 8 (2nd Supp.), s. 16.

Rules

36. The Commissioner may make rules governing the presentation and consideration of grievances under this Part, including, without limiting the generality of the foregoing, rules

(a) prescribing the members or classes of members to constitute the levels in the grievance process; and

(b) specifying, for the purposes of subsection 31(4), limitations, in the interests of security or the protection of privacy of persons, on the right of a member presenting a grievance to be granted access to information relating thereto.

R.S., 1985, c. R-10, s. 36; R.S., 1985, c. 8 (2nd Supp.), s. 16; 1994, c. 26, s. 64(F).

PART IV

DISCIPLINE

Standards

37. It is incumbent on every member

(a) to respect the rights of all persons;

(b) to maintain the integrity of the law, law enforcement and the administration of justice;

(c) to perform the member's duties promptly, impartially and diligently, in accordance with the law and without abusing the member's authority;

(d) to avoid any actual, apparent or potential conflict of interests;

(e) to ensure that any improper or unlawful conduct of any member is not concealed or permitted to continue;

(f) to be incorruptible, never accepting or seeking special privilege in the performance of the member's duties or otherwise placing the member under any obligation that may prejudice the proper performance of the member's duties;

(g) to act at all times in a courteous, respectful and honourable manner; and

(h) to maintain the honour of the Force and its principles and purposes.

R.S., 1985, c. R-10, s. 37; R.S., 1985, c. 8 (2nd Supp.), s. 16.

Code of Conduct

38. The Governor in Council may make regulations, to be known as the Code of Conduct, governing the conduct of members.

R.S., 1985, c. R-10, s. 38; R.S., 1985, c. 8 (2nd Supp.), s. 16.

Contravention of Code of Conduct

39. (1) Every member alleged to have contravened the Code of Conduct may be dealt with under this Act either in or outside Canada,

(a) whether or not the alleged contravention took place in or outside Canada; and

(b) whether or not the member has been charged with an offence constituted by, included in or otherwise related to the alleged contravention or has been tried, acquitted, discharged, convicted or sentenced by a court in respect of such an offence.

No interference with jurisdiction of courts

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

R.S., 1985, c. R-10, s. 39; R.S., 1985, c. 8 (2nd Supp.), s. 16.

Investigation

40. (1) Where it appears to an officer or to a member in command of a detachment that a member under the command of the officer or member has contravened the Code of Conduct, the officer or member shall make or cause to be made such investigation as the officer or member considers necessary to enable the officer or member to determine whether that member has contravened or is contravening the Code of Conduct.

Member not excused from answering

(2) 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 officer or other member conducting the investigation on the ground that the answer to the question may tend to criminate the member or subject the member to any proceeding or penalty.

Answer not receivable

(3) 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 proceedings, other than 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.

Definition of "detachment"

(4) In this section and section 41, "detachment" includes such other unit of the Force as the Commissioner may, by rule, specify.

R.S., 1985, c. R-10, s. 40; R.S., 1985, c. 8 (2nd Supp.), s. 16.

Informal disciplinary action

41. (1) Subject to this section, the following informal disciplinary action may be taken in respect of a contravention of the Code of Conduct, namely,

(a) counselling;

(b) recommendation for special training;

(d) recommendation for transfer;

(e) direction to work under close supervision;

(f) subject to such conditions as the Commissioner may, by rule, prescribe, forfeiture of regular time off for any period not exceeding one work day; and

(g) reprimand.

Action by member in command

(2) Where it is established to the satisfaction of a member, other than an officer, in command of a detachment that a member under the command of the member has contravened the Code of Conduct, the member in command may take any one or more of the actions referred to in paragraphs (1)(a) to (f) against that member.

Action by officer

(3) Where it is established to the satisfaction of an officer that a member, other than an officer, under the command of the officer has contravened the Code of Conduct, the officer may, if no action has been taken under subsection (2) in respect of the contravention, take any one or more of the actions referred to in paragraphs (1)(a) to (g) against that member.

Idem

(4) Where it is established to the satisfaction of an officer that an officer under the command of the officer has contravened the Code of Conduct, the officer in command may take any one or more of the actions referred to in paragraphs (1)(a) to (f) against that officer.

Action by appropriate officer

(5) Where it is established to the satisfaction of an appropriate officer that an officer has contravened the Code of Conduct, the appropriate officer may, if no action has been taken under subsection (4) in respect of the contravention, take any one or more of the actions referred to in paragraphs (1)(a) to (g) against the officer who has contravened the Code of Conduct.

Idem

(6) Where it is not established to the satisfaction of an appropriate officer that a member against whom informal disciplinary action was taken under subsection (2), (3) or (4) has contravened the Code of Conduct, the appropriate officer may rescind that action.

Idem

(7) Where it is established to the satisfaction of an appropriate officer that a member against whom informal disciplinary action was taken under subsection (2), (3) or (4) has contravened the Code of Conduct, but the appropriate officer is of the opinion that the action so taken was inappropriate in the circumstances, the appropriate officer may vary that action by taking any one or more of the actions referred to in paragraphs (1)(a) to (g) in addition to or in substitution for that action.

Restrictions

(8) Notwithstanding subsections (2) to (7), an officer or other member may take informal disciplinary action under this section only against members of lower rank or level and only if the officer or other member is of the opinion that, having regard to the gravity of the contravention and to the surrounding circumstances, the action is sufficient.

Action not grievable or appealable

(9) Notwithstanding any provision of Part III, the informal disciplinary actions referred to in paragraphs (1)(a) to (d) may not be the subject of a grievance under that Part or be appealed under this Part.

Definition of "officer"

(10) In this section, "officer", in addition to the members referred to in the definition "officer" in subsection 2(1), includes such other member or member of such class of other members as the Commissioner may, by rule, prescribe.

R.S., 1985, c. R-10, s. 41; R.S., 1985, c. 8 (2nd Supp.), s. 16.

Appeal

42. (1) Any member against whom informal disciplinary action referred to in any of paragraphs 41(1)(e) to (g) is taken may appeal that action at each of the levels, up to and including the final level, in the appeal process provided for by this section.

Decision on appeal

(2) Subject to subsection (3), each level in the appeal process provided for by this section may dispose of an appeal by

(a) dismissing the appeal and confirming the informal disciplinary action being appealed; or

(b) allowing the appeal and either rescinding the informal disciplinary action being appealed or varying that action by taking any one or more of the actions referred to in paragraphs 41(1)(a) to (g) in substitution for that action.

Restriction

(3) On an appeal under this section, the informal disciplinary action referred to in paragraph 41(1)(g) may not be taken in substitution for those referred to in paragraphs 41(1)(e) and (f).

Final level -- Deputy Commissioner

(4) The Deputy Commissioner designated by the Commissioner for the purposes of this section constitutes the final level in the appeal process with respect to appeals taken by members, other than officers, from informal disciplinary actions referred to in paragraphs 41(1)(e) and (f) and the Deputy Commissioner's decision on any such appeal is final and binding and, except for judicial review under the Federal Court Act, is not subject to appeal to or review by any court.

Rescission or amendment of decision

(5) Notwithstanding subsection (4), the Deputy Commissioner referred to in that subsection may rescind or amend the Deputy Commissioner's decision on an appeal in respect of which the Deputy Commissioner constitutes the final level in the appeal process on the presentation to the Deputy Commissioner of new facts or where, with respect to the finding of any fact or the interpretation of any law, the Deputy Commissioner determines that an error was made in reaching the decision.

Final level -- Commissioner

(6) The Commissioner constitutes the final level in the appeal process with respect to appeals taken by officers from informal disciplinary action referred to in any of paragraphs 41(1)(e) to (g) and with respect to appeals taken by members, other than officers, from informal disciplinary action referred to in paragraph 41(1)(g) and the Commissioner's decision on any such appeal is final and binding and, except for judicial review under the Federal Court Act, is not subject to appeal to or review by any court.

Rescission or amendment of decision

(7) Notwithstanding subsection (6), the Commissioner may rescind or amend the Commissioner's decision on an appeal under this section 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.

Rules

(8) The Commissioner may make rules governing appeals under this section, including, without restricting the generality of the foregoing, rules

(a) prescribing the levels in the appeal process;

(b) prescribing the time within which an appeal may be made at any level in the appeal process and providing for extensions thereof; and

Not in derogation

(9) Nothing in this section is in derogation of the power conferred by section 41 to rescind or vary informal disciplinary action.

R.S., 1985, c. R-10, s. 42; R.S., 1985, c. 8 (2nd Supp.), s. 16; 1990, c. 8, s. 66.

Formal Disciplinary Action

Initiation

43. (1) Subject to subsections (7) and (8), where it appears to an appropriate officer that a member has contravened the Code of Conduct and the appropriate officer is of the opinion that, having regard to the gravity of the contravention and to the surrounding circumstances, informal disciplinary action under section 41 would not be sufficient if the contravention were established, the appropriate officer shall initiate a hearing into the alleged contravention and notify the officer designated by the Commissioner for the purposes of this section of that decision.

Adjudication board

(2) On being notified pursuant to subsection (1), the designated officer shall appoint three officers as members of an adjudication board to conduct the hearing and shall notify the appropriate officer of the appointments.

Qualifications

(3) At least one of the officers appointed as a member of an adjudication board shall be a graduate of a school of law recognized by the law society of any province.

Notice of hearing

(4) Forthwith after being notified pursuant to subsection (2), the appropriate officer shall serve the member alleged to have contravened the Code of Conduct with a notice in writing of the hearing, together with

(a) a copy of any written or documentary evidence that is intended to be produced at the hearing;

(b) a copy of any statement obtained from any person who is intended to be called as a witness at the hearing; and

Contents of notice

(5) A notice of hearing served on a member pursuant to subsection (4) may allege more than one contravention of the Code of Conduct and shall contain

(a) a separate statement of each alleged contravention;

(b) a statement of the particulars of the act or omission constituting each alleged contravention;

(d) a statement of the right of the member to object to the appointment of any member of the adjudication board as provided in section 44.

Statement of particulars

(6) Every statement of particulars contained in a notice of hearing in accordance with paragraph (5)(b) shall contain sufficient details, including, where practicable, the place and date of each contravention alleged in the notice, to enable the member who is served with the notice to determine each such contravention so that the member may prepare a defence and direct it to the occasion and events indicated in the notice.

Restriction

(7) No hearing may be initiated by an appropriate officer under this section in respect of an alleged contravention of the Code of Conduct by a member if the informal disciplinary action referred to in paragraph 41(1)(g) has been taken against the member in respect of that contravention.

Limitation period

(8) No hearing may be initiated by an appropriate officer under this section in respect of an alleged contravention of the Code of Conduct by a member after the expiration of one year from the time the contravention and the identity of that member became known to the appropriate officer.

Certificate

(9) A certificate purporting to be signed by an appropriate officer as to the time an alleged contravention of the Code of Conduct by a member and the identity of that member became known to the appropriate officer is, in the absence of evidence to the contrary, proof of that time without proof of the signature or official character of the person purporting to have signed the certificate.

R.S., 1985, c. R-10, s. 43; R.S., 1985, c. 8 (2nd Supp.), s. 16.

Adjudication Board

Objection to member of adjudication board

44. (1) Within seven days after the day a member is served with a notice of hearing under subsection 43(4), the member may object in writing to the designated officer referred to in subsection 43(1) to the appointment of any member of the adjudication board, and the designated officer shall on receiving the objection decide whether to reject the objection or to allow the objection and appoint a new member of the board.

Reasons for objection

(2) An objection under subsection (1) shall contain reasons for the objection.

Notice

(3) 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 therefor and, if the objection is allowed, the designated officer shall

(a) appoint a new member of the adjudication board; and

(b) set out in the notice

(i) the name of the new member, and

(ii) a statement of the right of the member to object to the appointment of the new member as provided in this section.

Objection to new member

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

Eligibility limited

(5) An officer is not eligible to be appointed as a member of an adjudication board if the officer

(a) has conducted an investigation under section 40 in respect of the conduct that is the subject of the hearing;

(b) was a member of a board of inquiry that conducted an investigation in respect of the conduct that is the subject of the hearing;

(d) is otherwise involved in the initiation or processing of the case against the member whose conduct is the subject of the hearing.

Chairman

(6) After the conclusion of all proceedings under this section, the designated officer shall designate one of the members of the adjudication board as chairman.

R.S., 1985, c. R-10, s. 44; R.S., 1985, c. 8 (2nd Supp.), s. 16.

Powers of adjudication board

45. An adjudication 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), (b) and (c).

R.S., 1985, c. R-10, s. 45; R.S., 1985, c. 8 (2nd Supp.), s. 16.

Hearing

Parties

45.1 (1) An appropriate officer who initiates a hearing and the member whose conduct is the subject of the hearing are parties to the hearing.

Notice of time and place of hearing

(2) An adjudication board shall set the place, date and time for a hearing and serve the parties thereto with a notice in writing of that place, date and time.

Date and time of hearing

(3) The date and time for a hearing set pursuant to subsection (2) shall not be less than seven days after the day the member whose conduct is the subject of the hearing is served with the notice under that subsection.

Allegations read

(4) At the commencement of a hearing, the chairman of the adjudication board shall read to the member whose conduct is the subject of the hearing the allegation or allegations of contravention of the Code of Conduct contained in the notice of the hearing and shall thereupon give the member an opportunity to admit or deny each such allegation or to raise, as a preliminary objection to any such allegation, the fact that the informal disciplinary action referred to in paragraph 41(1)(g) has been previously taken against the member in respect of the act or omission constituting any such allegation or that the act or omission was previously the subject of a hearing under this section, but nothing in this subsection affects the validity of a new hearing ordered under this Part.

Refusal

(5) Where a member does not admit, deny or raise a preliminary objection to an allegation read to the member pursuant to subsection (4), the member is deemed to have denied the allegation.

Dismissal where objection established

(6) Where a preliminary objection raised pursuant to subsection (4) is established to the satisfaction of the adjudication board, the board shall dismiss the allegation to which the objection is raised.

Testimony of member

(7) Notwithstanding any other provision of this Part, a member whose conduct is the subject of a hearing is not compelled to testify at the hearing, but the member may give evidence under oath and where the member does so, subsections (11) and (12) apply to the member.

Right to present evidence, etc.

(8) The parties to a hearing 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.

Representation of witnesses

(9) An adjudication board shall permit any person who gives evidence at a hearing to be represented by counsel or a representative.

Restriction

(10) Notwithstanding section 45 but subject to subsection (11), an adjudication board 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.

Witness not excused from testifying

(11) In a hearing, no witness shall be excused from answering any question relating to the case before the adjudication 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.

Answer not receivable

(12) Where the witness is a member, no answer or statement made in response to a question described in subsection (11) shall be used or receivable against the witness in any hearing under this section 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.

Adjournment

(13) An adjudication board may from time to time adjourn a hearing.

Hearing in private

(14) A hearing before an adjudication board shall be held in private, except that

(a) while a child is testifying at the hearing, the child's parent or guardian may attend the hearing; and

(b) when authorized by the board, a member may attend the hearing as an observer for the purpose of familiarizing the member with procedures under this Part.

Hearing to be recorded

(15) A hearing before an adjudication board shall be recorded and, if a party to the hearing makes a request under subsection 45.13(2) or the decision of the board is appealed under section 45.14, a transcript thereof shall be prepared.

R.S., 1985, c. 8 (2nd Supp.), s. 16.

Amendment of notice

45.11 (1) Where, at any time during a hearing, it appears to the adjudication board that there is a technical defect in the notice of the hearing under subsection 43(4) that does not affect the substance of the notice, the board, if it is of the opinion that the member whose conduct is the subject of the hearing will not be prejudiced in the conduct of the defence by an amendment, shall make such order for the amendment of the notice as it considers necessary to meet the circumstances of the case.

Procedure

(2) Where a notice of hearing is amended pursuant to subsection (1), the adjudication board shall, if the member whose conduct is the subject of the hearing so requests, adjourn the hearing for such period as the board considers necessary to enable the member to meet the notice as so amended.

Endorsing notice

(3) An order to amend a notice of hearing shall be endorsed on the notice and signed by the chairman of the adjudication board and the hearing shall proceed as if the notice had been originally drawn as amended.

R.S., 1985, c. 8 (2nd Supp.), s. 16.

Decision

45.12 (1) After considering the evidence submitted at the hearing, the adjudication board shall decide whether or not each allegation of contravention of the Code of Conduct contained in the notice of the hearing is established on a balance of probabilities.

In writing

(2) A decision of an adjudication board shall be recorded in writing and shall include a statement of the findings of the board on questions of fact material to the decision, reasons for the decision and a statement of the sanction, if any, imposed under subsection (3) or the informal disciplinary action, if any, taken under subsection (4).

Sanctions

(3) Where an adjudication board decides that an allegation of contravention of the Code of Conduct by a member is established, the board shall impose any one or more of the following sanctions on the member, namely,

(a) recommendation for dismissal from the Force, if the member is an officer, or dismissal from the Force, if the member is not an officer;

(b) direction to resign from the Force and, in default of resigning within fourteen days after being directed to do so, recommendation for dismissal from the Force, if the member is an officer, or dismissal from the Force, if the member is not an officer;

(d) forfeiture of pay for a period not exceeding ten work days.

Informal disciplinary action

(4) In addition to or in substitution for imposing a sanction under subsection (3), an adjudication board may take any one or more of the informal disciplinary actions referred to in paragraphs 41(1)(a) to (g).

Restriction

(5) The sanction referred to in paragraph (3)(c) may not be imposed on an inspector or a constable.

Maximum forfeiture of pay

(6) Where an adjudication board decides that two or more allegations of contravention of the Code of Conduct by a member contained in one notice of hearing are established, the total period for forfeiture of pay that may be imposed on the member under subsection (3) in respect of all such allegations shall not exceed ten work days.

Copy of decision to parties when absent

(7) Where a decision of an adjudication board is rendered in the absence of a party to the hearing, the board shall serve that party with a copy of its decision.

R.S., 1985, c. 8 (2nd Supp.), s. 16.

Record

45.13 (1) An adjudication board shall compile a record of the hearing before it, which record shall include

(a) the notice of the hearing under subsection 43(4);

(b) the notice of the place, date and time of the hearing under subsection 45.1(2);

(d) a list of any exhibits entered at the hearing; and

(e) the recording and the transcript, if any, of the hearing.

Delivery of transcript on request

(2) A party to a hearing before an adjudication board shall be furnished, without charge, with a copy of the transcript of the hearing, if the party so requests in writing within seven days after

(a) the day the decision of the board is rendered, if it is rendered in the presence of that party; or

(b) in any other case, the day notice of the decision is given to that party.

R.S., 1985, c. 8 (2nd Supp.), s. 16.

Appeal

Appeal to Commissioner

45.14 (1) Subject to this section, a party to a hearing before an adjudication board may appeal the decision of the board to the Commissioner in respect of

(a) any finding by the board that an allegation of contravention of the Code of Conduct by the member is established or not established; or

(b) any sanction imposed or action taken by the board in consequence of a finding by the board that an allegation referred to in paragraph (a) is established.

Presumption

(2) For the purposes of this section, any dismissal of an allegation by an adjudication board pursuant to subsection 45.1(6) or on any other ground without a finding by the board that the allegation is established or not established is deemed to be a finding by the board that the allegation is not established.

Grounds of appeal

(3) An appeal lies to the Commissioner on any ground of appeal, except that an appeal lies to the Commissioner by an appropriate officer in respect of a sanction or an action referred to in paragraph (1)(b) only on the ground of appeal that the sanction or action is not one provided for by this Act.

Limitation period

(4) No appeal may be instituted under this section after the expiration of fourteen days from the later of

(a) the day the decision appealed from is rendered, if it is rendered in the presence of the party appealing, or the day a copy of the decision is served on the party appealing, if it is rendered in the absence of that party, and

(b) if the party appealing requested a transcript pursuant to subsection 45.13(2), the day the party receives the transcript.

Statement of appeal

(5) An appeal to the Commissioner shall be instituted by filing with the Commissioner a statement of appeal in writing setting out the grounds on which the appeal is made and any submissions in respect thereof.

Statement served on other party

(6) A party appealing a decision of an adjudication board to the Commissioner shall forthwith serve the other party with a copy of the statement of appeal.

Submissions in reply

(7) A party who is served with a copy of the statement of appeal under subsection (6) may, within fourteen days after the day the party is served with the statement, file with the Commissioner written submissions in reply, and if the party does so, the party shall forthwith serve a copy thereof on the party appealing.

R.S., 1985, c. 8 (2nd Supp.), s. 16.

Reference to Committee

45.15 (1) Before the Commissioner considers an appeal under section 45.14, the Commissioner shall refer the case to the Committee.

Exception

(2) Subsection (1) does not apply in respect of an appeal if each allegation that is subject of the appeal was found by the adjudication board to have been established and only one or more of the informal disciplinary actions referred to in paragraphs 41(1)(a) to (g) have been taken by the board in consequence of the finding.

Request by member

(3) 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.

Material to be furnished to Committee

(4) Where the Commissioner refers a case to the Committee pursuant to this section, the Commissioner shall furnish the Committee Chairman with the materials referred to in paragraphs 45.16(1)(a) to (c).

Applicable provisions

(5) 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.

R.S., 1985, c. 8 (2nd Supp.), s. 16.

Consideration of appeal

45.16 (1) The Commissioner shall consider an appeal under section 45.14 on the basis of

(a) the record of the hearing before the adjudication board whose decision is being appealed,

(b) the statement of appeal, and

and the Commissioner shall also take into consideration the findings or recommendations set out in the report, if any, of the Committee or the Committee Chairman in respect of the case.

Disposal of appeal against finding

(2) The Commissioner may dispose of an appeal in respect of a finding referred to in paragraph 45.14(1)(a) by

(a) dismissing the appeal and confirming the decision being appealed;

(b) allowing the appeal and ordering a new hearing into the allegation giving rise to the finding; or

(c) where the appeal is taken by the member who was found to have contravened the Code of Conduct, allowing the appeal and making the finding that, in the Commissioner's opinion, the adjudication board should have made.

Disposal of appeal against sanction

(3) The Commissioner may dispose of an appeal in respect of a sanction or action referred to in paragraph 45.14(1)(b) by

(a) dismissing the appeal and confirming the decision being appealed; or

(b) allowing the appeal and either varying or rescinding the sanction or action.

New hearing

(4) Where the Commissioner orders a new hearing into an allegation pursuant to subsection (2), an adjudication 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.

Copy of decision

(5) The Commissioner shall as soon as possible render a decision in writing on an appeal, including reasons for the decision, and serve each of the parties to the hearing before the adjudication board whose decision was appealed and, if the case has been referred to the Committee pursuant to section 45.15, the Committee Chairman with a copy of the decision.

Commissioner not bound

(6) The Commissioner is not bound to act on any findings or recommendations set out in a report with respect to a case referred to the Committee under section 45.15, but if the Commissioner does not so act, the Commissioner shall include in the decision on the appeal the reasons for not so acting.

Commissioner's decision final

(7) A decision of the Commissioner on an appeal under section 45.14 is final and binding and, except for judicial review under the Federal Court Act, is not subject to appeal to or review by any court.

Rescission or amendment of decision

(8) Notwithstanding subsection (7), the Commissioner may rescind or amend the Commissioner's decision on an appeal under section 45.14 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.

R.S., 1985, c. 8 (2nd Supp.), s. 16; 1990, c. 8, s. 67.

Stay of Execution of Decision

Stay of execution of decision

45.17 (1) Where a decision that imposes a sanction referred to in subsection 45.12(3) is rendered under section 45.12, the execution of the decision is stayed until after the expiration of the time within which an appeal may be taken under section 45.14.

Idem

(2) Where an appeal is taken under section 45.14 in relation to a decision described in subsection (1), the execution of the decision is stayed until after the appeal is disposed of.

R.S., 1985, c. 8 (2nd Supp.), s. 16.

PART V

DISCHARGE AND DEMOTION

Ground for discharge or demotion

45.18 (1) Any officer may be recommended for discharge or demotion and any other member may be discharged or demoted on the ground, in this Part referred to as the "ground of unsuitability", that the officer or member has repeatedly failed to perform the officer's or member's duties under this Act in a manner fitted to the requirements of the officer's or member's position, notwithstanding that the officer or member has been given reasonable assistance, guidance and supervision in an attempt to improve the performance of those duties.

Limitation

(2) No officer may be recommended for a demotion under this Part of more than one rank and no other member may be demoted under this Part by more than one rank or level.

Exceptions

(3) No inspector may be recommended for demotion under this Part and no constable may be demoted under this Part.

R.S., 1985, c. 8 (2nd Supp.), s. 16.

Notice of intention

45.19 (1) Before any officer is recommended for discharge or demotion under this Part or any other member is discharged or demoted under this Part, the appropriate officer shall serve the officer or other member with a notice in writing of the intention to recommend the discharge or demotion of the officer or to discharge or demote the other member, as the case may be.

Contents of notice

(2) A notice of intention served on an officer or other member under subsection (1) shall include

(a) particulars of the acts or omissions constituting the ground of unsuitability on which it is intended to base the recommendation for discharge or demotion or the discharge or demotion, as the case may be;

(b) where the officer or other member is not a probationary member, a statement of the right of the officer or other member to request, within fourteen days after the day the notice is served, a review of the officer's or member's case by a discharge and demotion board; and

(c) where the officer or other member is a probationary member, a statement of the right of the officer or other member to make, within fourteen days after the day the notice is served, written representations to the appropriate officer.

Opportunity to examine material

(3) An officer or other member who is served with a notice under subsection (1) shall be given a full and ample opportunity to examine the material relied on in support of the recommendation for discharge or demotion or the discharge or demotion, as the case may be.

Request for review

(4) An officer or other member, except a probationary member, who is served with a notice under subsection (1) may, within fourteen days after the day the notice is served, send to the appropriate officer a request in writing for a review of the officer's or member's case by a discharge and demotion board.

Request to be forwarded to designated officer

(5) An appropriate officer shall forthwith after receiving a request under subsection (4) forward the request to the officer designated by the Commissioner for the purposes of this section.

Written representations

(6) A probationary member who is served with a notice under subsection (1) may, within fourteen days after the notice is served, make written representations to the appropriate officer.

Notice of decision

(7) Where an officer or other member, except a probationary member, who is served with a notice under subsection (1) does not request a review of the officer's or member's case by a discharge and demotion board within the time limited for doing so, the appropriate officer shall serve the officer or other member with a notice in writing of the decision to recommend discharge or demotion of the officer or to discharge or demote the member, as the case may be.

Idem

(8) Where a probationary member who is served with a notice under subsection (1) does not make written representations to the appropriate officer within the time limited for doing so, the appropriate officer shall serve the probationary member with a notice in writing of the decision to recommend discharge of the probationary member or to discharge the probationary member, as the case may be.

Consideration of written representations

(9) An appropriate officer shall forthwith after receiving written representations pursuant to subsection (6) consider the representations and either

(a) direct that the probationary member be retained in the Force; or

(b) serve the probationary member with a notice in writing of the decision to recommend discharge of the probationary member or to discharge the probationary member, as the case may be.

Effective date

(10) A member, other than an officer, who is served with a notice under subsection (7), (8) or (9) is discharged on such day as is specified in the notice or is demoted on such day and to such rank or level as is specified in the notice, as the case may be.

Definition of "probationary member"

(11) In this section, "probationary member" means a member with less than two years of service in the Force.

R.S., 1985, c. 8 (2nd Supp.), s. 16; 1993, c. 34, s. 111(F).

Review by Discharge and Demotion Board

Discharge and demotion board

45.2 (1) Within seven days after the day a designated officer receives a request under subsection 45.19(5), the designated officer shall appoint three officers as members of a discharge and demotion board to conduct the review requested and shall serve the officer or other member requesting the review with a notice in writing setting out the names of the officers so appointed.

Qualifications

(2) At least one of the officers appointed as a member of a discharge and demotion board shall be a graduate of a school of law recognized by the law society of any province.

Applicable provisions

(3) Subsections 44(1) to (4) apply, with such modifications as the circumstances require, with respect to a notice under subsection (1) as though

(a) the designated officer serving the notice were the designated officer referred to in subsection 43(1);

(b) the notice were a notice of hearing referred to in subsection 44(1); and

Eligibility limited

(4) An officer is not eligible to be appointed as a member of a discharge and demotion board if the officer

(a) is the immediate superior officer of the member whose case is to be reviewed by the board; or

(b) is involved in the initiation or processing of the case that is to be reviewed by the board.

Chairman

(5) After the conclusion of all proceedings under this section, the designated officer shall designate one of the members of the discharge and demotion board as chairman.

R.S., 1985, c. 8 (2nd Supp.), s. 16.

Powers of discharge and demotion board

45.21 A discharge and demotion 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), (b) and (c).

R.S., 1985, c. 8 (2nd Supp.), s. 16.

Parties

45.22 (1) An officer or other member who sends a request under subsection 45.19(4) for a review of the officer's or member's case by a discharge and demotion board and the appropriate officer to whom the request is sent are parties to the review.

Material to be provided to board

(2) A discharge and demotion board shall, prior to reviewing the case before it, be provided by the appropriate officer with the material that the officer or other member requesting the review was given an opportunity to examine pursuant to subsection 45.19(3).

Review of case

(3) A discharge and demotion board shall, after due notice to the officer or other member requesting the review, review the case before it and for that purpose shall give to the officer or other member a full and ample opportunity, in person or by counsel or a representative, to appear before the board, to make representations to it, to present documentary evidence to it and, with leave of the board, to call witnesses.

Idem

(4) Subject to subsection (3), a discharge and demotion board may review the case before it in the absence of the officer or other member requesting the review.

Testimony of member

(5) Notwithstanding any other provision of this Part, the officer or other member who has requested a review of the officer's or member's case by a discharge and demotion board is not compelled to testify at any hearing before the board, but the officer or member may give evidence under oath and where the officer or member does so, subsections (8) and (9) apply to the officer or member.

Representation of witnesses

(6) A discharge and demotion board shall permit any person who gives evidence at any hearing before the board to be represented by counsel or a representative.

Restriction

(7) Notwithstanding section 45.21 but subject to subsection (8), a discharge and demotion board 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.

Witness not excused from testifying

(8) In a review by a discharge and demotion board, no witness shall be excused from answering any question relating to the case 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.

Answer not receivable

Adjournment

(10) A discharge and demotion board may from time to time adjourn any hearing before the board.

Hearing in private

(11) Any hearing before a discharge and demotion board shall be held in private, except that

(a) while a child is testifying at the hearing, the child's parent or guardian may attend the hearing; and

(b) when authorized by the board, a member may attend the hearing as an observer for the purpose of familiarizing the member with procedures under this Part.

Evidence and representations to be recorded

(12) All oral evidence and representations before a discharge and demotion board shall be recorded and, if a party to the review by the board makes a request under subsection 45.23(6) or the decision of the board is appealed under section 45.24, a transcript thereof shall be prepared.

R.S., 1985, c. 8 (2nd Supp.), s. 16.

Decision

45.23 (1) After reviewing the case before it, a discharge and demotion board shall decide whether or not the ground of unsuitability is established on a balance of probabilities.

In writing

(2) A decision of a discharge and demotion board shall be recorded in writing and shall include a statement of the findings of the board on questions of fact material to the decision, reasons for the decision and a statement of the action taken by the board under subsection (3) or (4).

Where ground established

(3) Where a discharge and demotion board decides that the ground of unsuitability is established, the board shall

(a) recommend that the officer be discharged or discharge the other member, as the case may be, or

(b) recommend that the officer be demoted or demote the other member, as the case may be,

but the board shall not take the action referred to in paragraph (a) if the notice of intention served on that officer or other member was a notice to recommend demotion of the officer or to demote the other member, as the case may be.

Where ground not established

(4) Where a discharge and demotion board decides the ground of unsuitability is not established, the board shall direct that the officer or other member be retained in the Force at the present rank or level of the officer or other member.

Copy of decision to parties

(5) A discharge and demotion board shall serve each of the parties to the review by the board with a copy of its decision.

Delivery of transcript on request

(6) A party to a review by a discharge and demotion board shall be furnished, without charge, with a copy of the transcript of any hearing before the board, if that party so requests in writing within seven days after the day the decision of the board is served on that party.

R.S., 1985, c. 8 (2nd Supp.), s. 16.

Appeal

Appeal to Commissioner

45.24 (1) A party to a review by a discharge and demotion board may appeal the decision of the board to the Commissioner, but no appeal may be instituted under this section after the expiration of fourteen days from the later of

(a) the day the decision is served on that party, and

(b) if that party requested a transcript pursuant to subsection 45.23(6), the day that party receives the transcript.

Grounds of appeal

(2) An appeal lies to the Commissioner on any ground of appeal.

Statement of appeal

(3) An appeal to the Commissioner shall be instituted by filing with the Commissioner a statement of appeal in writing setting out the grounds on which the appeal is made and any submissions in respect thereof.

Statement served on other party

(4) A party appealing a decision of a discharge and demotion board to the Commissioner shall forthwith serve the other party with a copy of the statement of appeal.

Submissions in reply

(5) A party who is served with a copy of the statement of appeal under subsection (4) may, within fourteen days after the day the statement is served, file with the Commissioner written submissions in reply, and if that party does so, that party shall forthwith serve a copy thereof on the party appealing.

R.S., 1985, c. 8 (2nd Supp.), s. 16.

Reference to Committee

45.25 (1) Before the Commissioner considers an appeal under section 45.24, the Commissioner shall refer the case to the Committee.

Request by member

(2) Notwithstanding subsection (1), the officer or other 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.

Material to be furnished to Committee

(3) Where the Commissioner refers a case to the Committee pursuant to this section, the Commissioner shall furnish the Committee Chairman with the materials referred to in paragraphs 45.26(1)(a) to (e).

Applicable provisions

(4) 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.

R.S., 1985, c. 8 (2nd Supp.), s. 16.

Consideration of appeal

45.26 (1) The Commissioner shall consider an appeal under section 45.24 on the basis of

(a) the material that the officer or other member was given an opportunity to examine pursuant to subsection 45.19(3),

(b) the transcript of any hearing before the discharge and demotion board whose decision is being appealed,

(d) any written submissions made to the Commissioner, and

(e) the decision of the discharge and demotion board being appealed,

and the Commissioner shall also take into consideration the findings or recommendations set out in the report, if any, of the Committee or the Committee Chairman in respect of the case.

Decision on appeal

(2) The Commissioner may dispose of an appeal under section 45.24 by

(a) dismissing the appeal and confirming the decision being appealed;

(b) allowing the appeal and ordering a new review of the case by a discharge and demotion board; or

(c) where the appeal is taken by the officer or other member whose case was reviewed by the discharge and demotion board, allowing the appeal and

(i) directing that the officer or other member be retained in the Force at the present rank or level of the officer or other member, or

(ii) recommending that the officer be demoted or demoting the other member, as the case may be.

New review

(3) Where the Commissioner orders a new review of a case by a discharge and demotion board pursuant to subsection (2), a discharge and demotion board shall be appointed in accordance with this Part and the new review shall be conducted in accordance with this Part as if it were the first review of the case.

Copy of decision

(4) The Commissioner shall as soon as possible render a decision in writing on an appeal, including reasons for the decision, and serve each of the parties to the review by the discharge and demotion board and, if the case has been referred to the Committee pursuant to section 45.25, the Committee Chairman with a copy of the decision.

Commissioner not bound

(5) The Commissioner is not bound to act on any findings or recommendations set out in a report with respect to a case referred to the Committee under section 45.25, but if the Commissioner does not so act, the Commissioner shall include in the decision on the appeal the reasons for not so acting.

Commissioner's decision final

(6) A decision of the Commissioner on an appeal under section 45.24 is final and binding and, except for judicial review under the Federal Court Act, is not subject to appeal to or review by any court.

Rescission or amendment of decision

(7) Notwithstanding subsection (6), the Commissioner may rescind or amend the Commissioner's decision on an appeal under section 45.24 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.

R.S., 1985, c. 8 (2nd Supp.), s. 16; 1990, c. 8, s. 68.

Stay of Execution of Decision

Stay of execution of decision

45.27 (1) Where a decision to recommend that an officer be discharged or demoted or to discharge or demote any other member is rendered under section 45.23, the execution of the decision is stayed until after the expiration of the time within which an appeal may be taken under section 45.24.

Idem

(2) Where an appeal is taken under section 45.24 in relation to a decision described in subsection (1), the execution of the decision is stayed until after the appeal is disposed of.

R.S., 1985, c. 8 (2nd Supp.), s. 16.

Resignation

Resignation from Force

45.28 Nothing in this Part shall be construed as preventing a discharge and demotion board or the Commissioner from offering a member against whom a ground of unsuitability has been established pursuant to this Part the opportunity of resigning from the Force.

R.S., 1985, c. 8 (2nd Supp.), s. 16.

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,

(a) 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

(b) 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

(a) the sittings of the Commission;

(b) the manner of dealing with matters and business before the Commission generally, including the practice and procedure before the Commission;

(c) the apportionment of the work of the Commission among its members and the assignment of members to review complaints referred to the Commission; and

(d) 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

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

(a) the Commission;

(b) any member or other person appointed or employed under the authority of this Act; or

(c) 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,

(a) 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;

(b) the complaint is trivial, frivolous, vexatious or made in bad faith; or

(c) 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.

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

45.38 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

(a) a summary of the complaint;

(b) the results of the investigation;

(d) 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 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),

(a) 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

(a) 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;

(b) request the Commissioner to conduct a further investigation into the complaint; or

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,

(a) 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;

(b) information the disclosure of which could reasonably be expected to be injurious to law enforcement; and

(c) 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

(a) establish and maintain a record of all complaints received by the Force under this Part; and

(b) on request, make available to the Commission any information contained in the record.

R.S., 1985, c. 8 (2nd Supp.), s. 16.