Bill C-392
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1st Session, 39th Parliament,
55 Elizabeth II, 2006
house of commons of canada
BILL C-392
An Act to amend the Public Service Labour Relations Act (RCMP members and special constables) and the Royal Canadian Mounted Police Act
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
2003, c. 22, s. 2
PUBLIC SERVICE LABOUR RELATIONS ACT
1. Paragraph (d) of the definition “employee” in subsection 2(1) of the Public Service Labour Relations Act is repealed.
R.S., c. R-10
ROYAL CANADIAN MOUNTED POLICE ACT
2. Subsection 5(2) of the Royal Canadian Mounted Police Act is replaced by the following:
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 subsections 42(4) and 43(1), section 45.16, subsection 45.19(5), section 45.26 and subsections 45.46(1) and (2).
3. Paragraph 24.1(6)(b) of the Act is replaced by the following:
(b) any answer or statement made in response to a question described in subsection 40(2), 45.1(11), 45.152(8), 45.22(8) or 45.45(9);
4. Paragraph 29(c) of the Act is replaced by the following:
(c) the apportionment of the work of the Committee among its members and the assignment of members to review cases referred to the Committee; and
5. Part III of the Act is repealed.
6. Subsection 41(9) of the Act is replaced by the following:
Action not appealable
(9) The informal disciplinary actions referred to in paragraphs (1)(a) to (d) may not be appealed under this Part.
7. Subsection 45.15(5) of the Act is repealed.
8. The Act is amended by adding the following after section 45.15:
Review by Committee Chairman
45.151 (1) The Committee Chairman shall review every case referred to the Committee pursuant to section 45.15.
Action by Committee Chairman
(2) Where, after reviewing a case, the Committee Chairman is satisfied with the disposition of the case by the Force, the Committee Chairman shall prepare and send a report in writing to that effect to the Commissioner and the member whose case is the subject of the appeal.
Action by Committee Chairman
(3) Where, after reviewing a case, the Committee Chairman is not satisfied with the disposition of the case by the Force or considers that further inquiry is warranted, the Committee Chairman may
(a) prepare and send to the Commissioner and the member presenting the case a report in writing setting out such findings and recommendations with respect to the case as the Committee Chairman sees fit; or
(b) institute a hearing to inquire into the case.
Hearing
(4) Where the Committee Chairman decides to institute a hearing to inquire into a case, 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 whose case is the subject of the appeal.
Committee
45.152 (1) For the purposes of this section, the member or members conducting a hearing to inquire into a case 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 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).
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 case 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 case 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 case 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 case as the Committee sees fit.
Definition of “parties”
(14) In this section, “parties” means the appropriate officer and the member whose case has been referred to the Committee pursuant to section 45.15.
9. Subsection 45.25(4) of the Act is replaced by the following:
Applicable provisions
(4) Sections 45.151 and 45.152 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 was referred to the Committee pursuant to section 45.15.
10. Paragraph 45.45(8)(b) of the Act is replaced by the following:
(b) any answer or statement made in response to a question described in subsection 24.1(7), 40(2), 45.1(11), 45.152(8) or 45.22(8);
11. (1) Paragraph 47.1(1)(a) of the Act is repealed.
(2) Subsections 47.1(2) and (3) of the Act are replaced by the following:
Privilege
(2) Where a member is represented or assisted by another member pursuant to subsection (1), communications passing in confidence between the two members in relation to the proceeding, representations or appeal are, for the purposes of this Act, privileged as if they were communications passing in professional confidence between the member and the member's solicitor.
Rules
(3) The Commissioner may make rules prescribing
(a) the members or members of any class of members who may not represent or assist another member in any proceeding, preparation or appeal referred to in subsection (1); and
(b) the circumstances in which a member may not represent or assist another member in any proceeding, preparation or appeal referred to in subsection (1).
12. Subsection 47.4(1) of the Act is replaced by the following:
Extensions of time limitations
47.4 (1) Where the Commissioner is satisfied that the circumstances justify an extension, the Commissioner may, on motion by the Commissioner or on application, and after giving due notice to any member affected thereby, extend the time limited by subsection 44(1), 45.13(2), 45.14(4) or (7), 45.19(4) or (6), 45.23(6) or 45.24(1) or (5) for the doing of any act therein described and specify terms and conditions in connection therewith.
13. Section 50 of the Act is replaced by the following:
Attendance of witnesses, etc.
50. Every person who
(a) on being duly summoned as a witness or otherwise under Part I, IV, V or VII, makes default in attending,
(b) being in attendance as a witness in any proceeding under Part I, IV, V or VII,
(i) refuses to take an oath or solemn affirmation required of that person,
(ii) refuses to produce any document or thing under that person's control and required to be produced by that person, or
(iii) refuses to answer any question that requires an answer,
(c) at any proceeding under Part I, IV, V or VII, uses insulting or threatening language or causes any interference or disturbance, or
(d) prints observations or uses words likely to influence improperly a board of inquiry under Part I, the Committee under Part IV or V, the Commission under Part VII, an adjudication board under Part IV or a discharge and demotion board under Part V or witnesses at any proceeding under Part I, IV, V or VII or to bring any such proceeding into disrepute, or in any other manner whatever displays contempt of any such proceeding,
is guilty of an offence punishable on summary conviction.
Published under authority of the Speaker of the House of Commons
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