Marginal note:Notification

45.8 The Commissioner shall, as soon as feasible, notify the designated authority for a province of a serious incident that is alleged to have occurred in that province.

Marginal note:Duty to consider investigative body

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

• Marginal note:Appointment of police force

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

• Marginal note:Referral by the Force

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

Marginal note:Request to police force

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

• Marginal note:Investigation by the Force

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

  • (a) notify the Commission that it will investigate the serious incident; and

  • (b) investigate the serious incident.

• Marginal note:Reasonable efforts

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

• Marginal note:Report

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

Marginal note:Observer — investigation by another police force

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

  • (a) the Commissioner shall, as soon as feasible, notify the Commission of the serious incident; and

  • (b) the Commission may, with the agreement of the provincial minister who has the primary responsibility for policing in the province in which the incident is alleged to have occurred, appoint an observer to assess the impartiality of the investigation.

• Marginal note:Observer — Force

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

• Marginal note:Appointment of observer

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

• Marginal note:No observer appointed

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

• Marginal note:Immunity

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

• Marginal note:Observers are compellable

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

Marginal note:Recommendations

45.84 If an observer has concerns with the impartiality of an investigation, the observer may inform the Force or the other police force, as the case may be, of his or her concerns and may make any recommendations to the Force or the other police force that he or she considers appropriate to address the concerns.

Marginal note:Report

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

• Marginal note:Response

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

• Marginal note:Report on response

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

• Marginal note:Copy of report to Minister

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

Marginal note:Information subject to privilege

45.86 Nothing in this Part authorizes a person to disclose to an observer privileged information, as defined in subsection 45.4(1), and an observer shall not use or disclose that information if it is disclosed.

Marginal note:Regulations

45.87 The Governor in Council may make regulations

• (a) respecting the criteria and procedures for the appointment of an observer under subsection 45.83(1) or (3);

• (b) respecting the scope of an observer’s role;

• (c) respecting an observer’s reporting obligations;

• (d) respecting the access to, and use of, the notes, reports or other material prepared by an observer in relation to the investigation of a serious incident;

• (e) prescribing the period within which the Commissioner or chief of police is to provide a response under subsection 45.85(2); and

• (f) generally for carrying out the purposes and provisions of this Part.

PART VII.2Review of Integrated Cross-Border Law Enforcement Operations

Interpretation

Marginal note:Definitions

• 45.88 (1) The following definitions apply in this Part.

  Central Authority

  autorité centrale

  Central Authority means the Central Authority for Canada, as designated under section 5 of the Integrated Cross-border Law Enforcement Operations Act. (autorité centrale)

  designated authority

  autorité désignée

  designated authority has the same meaning as in subsection 45.79(1). (autorité désignée)

  designated officer

  agent désigné

  designated officer has the same meaning as in section 2 of the Integrated Cross-border Law Enforcement Operations Act. (agent désigné)

  integrated cross-border operation

  opération transfrontalière intégrée

  integrated cross-border operation has the same meaning as in section 2 of the Integrated Cross-border Law Enforcement Operations Act. (opération transfrontalière intégrée)

  investigative body

  organisme d’enquête

  investigative body has the same meaning as in subsection 45.79(1). (organisme d’enquête)

  serious incident

  incident grave

  serious incident means an incident in which the actions of a designated officer, or any person assisting a designated officer, in the performance of any duty or function in the course of an integrated cross-border operation

  • (a) may have resulted in serious injury to, or the death of, any person; or

  • (b) may have constituted an offence under federal or provincial law that any of the following persons decides would be in the public interest to be investigated:

    • (i) the Minister,

    • (ii) the Central Authority, or

    • (iii) the provincial minister who has the primary responsibility for policing in the province in which the incident is alleged to have occurred. (incident grave)

  serious injury

  blessure grave

  serious injury has the same meaning as in subsection 45.79(1). (blessure grave)

• Marginal note:Clarification — this Part

  (2) For greater certainty, for the purposes of sections 45.9 to 45.991, when, in any provision that applies in this Part as a result of section 45.9, subsection 45.94(1) or section 45.98, there is a reference to any provision that applies in this Part as a result of section 45.9, subsection 45.94(1) or section 45.98, the reference is to be read as a reference to the provision as modified by section 45.9, subsection 45.94(1) or section 45.98, as the case may be.

• Marginal note:Clarification — sections 50.2 and 50.3

  (3) For greater certainty, a reference in section 50.2 or 50.3 to any provision that applies in this Part as a result of section 45.9 or 45.98 is also to be read as a reference to that provision as modified by section 45.9 or 45.98, as the case may be.