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.

(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.

(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.

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.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(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.

(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).

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.

(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.

(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

(c) the discharge and demotion board were an adjudication board.

(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.

(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.

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.

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.

(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).

(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.

(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.

(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.

(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.

(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.

(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.

(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.

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

(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.

(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.

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.

(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).

(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.

(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.

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

(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.

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.

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

(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.

(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.

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

(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.

(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).

(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.

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,

(c) the statement of appeal,

(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.

(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.

(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.

(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.

(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.

(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 Courts Act, is not subject to appeal to or review by any court.

(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; 2002, c. 8, s. 182.

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.

(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.

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.

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.

(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.

(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.

(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.

(5) A member of the Commission is eligible for re-appointment on the expiration of the member’s term of office.

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

(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.

(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.

(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.

(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.

(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.

(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 federal public administration for the purposes of the Government Employees Compensation Act and any regulations made under section 9 of the Aeronautics Act.

(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; 2003, c. 22, s. 217(E).

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.

(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.

(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.

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.

(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.

(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.

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

(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.

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.

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.

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.

(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.

(3) The Commissioner shall be notified of every complaint under subsection (1).

(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.

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.

(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.

(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.

(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.

(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.

(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.

45.37 (1) Where the Commission Chairman is satisfied that there are reasonable grounds to investigate the conduct, in the performance of any duty or function under this Act, of any member or other person appointed or employed under the authority of this Act, the Commission Chairman may initiate a complaint in relation thereto and where the Commission Chairman does so, unless the context otherwise requires, a reference hereafter in this Part to a complainant includes a reference to the Commission Chairman.

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

(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.

(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.

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.

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.

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;

(c) a summary of any action that has been or will be taken with respect to resolution of the complaint; and

(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.

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.

(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.

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.

(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.

(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

(c) investigate the complaint further or institute a hearing to inquire into the complaint.

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

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.

(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.

(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.

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.

(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.

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.

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

(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.

(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).

(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.

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

(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.

(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.

(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.

(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.

(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.

(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).

(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.

(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.

(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.

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.

(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.

(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.

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.