46. (1) In this section and sections 47 to 47.3, “board” means

(a) a board of inquiry appointed under section 24.1,

(b) an adjudication board appointed under section 43 or 44, and

(c) a discharge and demotion board appointed under section 45.2,

and, except for the purposes of subsection (4), includes the Committee and the Commission.

(2) All proceedings before a board shall be dealt with by the board as informally and expeditiously as the circumstances and considerations of fairness permit.

(3) Any person, other than a member, summoned to attend at any proceeding before a board is entitled, in the discretion of the board, to receive the like fees and allowances for so attending as if summoned to attend before the Federal Court.

(4) Subject to subsection (5), the Commissioner may make rules governing the proceedings, practice and procedure before a board and the performance of the duties and functions of a board under this Act.

(5) The Minister may make rules governing the proceedings, practice and procedure before a board of inquiry appointed by the Minister under section 24.1 and the performance of the duties and functions of such a board under this Act or the Minister may adopt as such rules the rules or any part of the rules made under subsection (4).

R.S., 1985, c. R-10, s. 46; R.S., 1985, c. 8 (2nd Supp.), s. 18.

47. No criminal or civil proceedings lie against any person for anything done, reported or said in good faith in any proceedings before a board.

R.S., 1985, c. R-10, s. 47; R.S., 1985, c. 8 (2nd Supp.), s. 18.

47.1 (1) Subject to any rules made pursuant to subsection (3), a member may be represented or assisted by any other member in any

(a) presentation of a grievance under Part III;

(b) proceeding before a board, other than the Commission;

(c) preparation of written representations under subsection 45.19(6); or

(d) appeal under section 42, 45.14 or 45.24.

(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 grievance, 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.

(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 grievance, 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 grievance, proceeding, preparation or appeal referred to in subsection (1).

R.S., 1985, c. 8 (2nd Supp.), s. 18.

47.2 (1) Subject to subsection (2), any notice, decision or other document required by this Act to be served by a person or a board shall be served by or on behalf of that person or board personally on the person to whom the notice, decision or document is directed.

(2) Any notice, decision or other document required by this Act to be served by a person or a board on the Commissioner, an appropriate officer, the Committee Chairman or the Commission Chairman is sufficiently served if it is sent by or on behalf of that person or board by prepaid first class mail addressed to the Commissioner, that appropriate officer, the Committee Chairman or the Commission Chairman, as the case may be.

(3) Where, by or pursuant to this Act, provision is made for personal service of a notice, decision or other document, a certificate purporting to be signed by a person, in this subsection referred to as the “deponent”, that the notice, decision or document was served personally by the deponent on a named day on the person to whom it was directed and that the deponent identifies as an exhibit attached to the certificate a true copy of the notice, decision or document is evidence of the personal service and of the notice, decision or document, without proof of the signature of the deponent.

R.S., 1985, c. 8 (2nd Supp.), s. 18.

47.3 Section 16 of the Canada Evidence Act applies in respect of any proceedings before a board as though

(a) the proceeding were a legal proceeding; and

(b) the board were a judge, justice or other presiding officer.

R.S., 1985, c. 8 (2nd Supp.), s. 18.

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 31(2), 44(1), 45.13(2), 45.14(4), 45.14(7), 45.19(4), 45.19(6), 45.23(6), 45.24(1) or 45.24(5) for the doing of any act therein described and specify terms and conditions in connection therewith.

(2) Where a time is extended under this section, any reference in this Act to the time shall be construed as a reference to the time as so extended.

R.S., 1985, c. 8 (2nd Supp.), s. 18.

47.5 No evidence that informal or formal disciplinary action under Part IV or proceedings under Part V have been taken against a member shall be used or receivable against that member in any criminal proceedings.

R.S., 1985, c. 8 (2nd Supp.), s. 18.

48. (1) Every person who

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

(b) makes any agreement with any member to induce the member in any way to forego the member’s duty, or

(c) concerts or connives at any act whereby any rule, order or regulation made under Part I may be evaded,

is guilty of an offence punishable on summary conviction.

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

R.S., 1985, c. R-10, s. 48; R.S., 1985, c. 8 (2nd Supp.), ss. 19, 24(E).

49. (1) Every person is guilty of an offence punishable on summary conviction who, without the authority of the Commissioner, uses

(a) the name of the Force or any abbreviation thereof or any words or letters likely to be mistaken therefor,

(b) any picture or other representation of a member of the Force, or

(c) any mark, badge or insignia of the Force,

as all or any part of the name of any corporation, company, partnership or unincorporated association, in any advertising, for any business or trade purpose, or in such a way as to represent or imply that the Force uses or approves or endorses the use of any goods or services.

(2) Every person not being a former member who, without the authority of the Commissioner, uses any clothing, equipment, badge, medal, ribbon, document or other thing in such a manner as to lead to a reasonable belief that the person was a member of the Force is guilty of an offence punishable on summary conviction.

(3) No proceedings in respect of an offence under this section shall be instituted without the consent of the Minister.

R.S., 1985, c. R-10, s. 49; R.S., 1985, c. 8 (2nd Supp.), s. 20.

50. Every person who

(a) on being duly summoned as a witness or otherwise under Part I, III, IV, V or VII, makes default in attending,

(b) being in attendance as a witness in any proceeding under Part I, III, 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, III, 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 III, 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, III, 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.

R.S., 1985, c. R-10, s. 50; R.S., 1985, c. 8 (2nd Supp.), s. 21.

51. Every person who is convicted of an offence under this Part is liable to a fine of not more than five hundred dollars or to imprisonment for a term of not more than six months or to both.

R.S., c. R-9, s. 51.

52. Proceedings in respect of an offence under this Part may be instituted at any time within but not later than two years after the time when the subject-matter of the proceedings arose.

R.S., c. R-9, s. 52.

53. [Repealed, R.S., 1985, c. 8 (2nd Supp.), s. 22]

I, ............, solemnly swear that I will faithfully, diligently and impartially execute and perform the duties required of me as a member of the Royal Canadian Mounted Police, and will well and truly obey and perform all lawful orders and instructions that I receive as such, without fear, favour or affection of or toward any person. So help me God.

I, ............, solemnly swear that I will not disclose or make known to any person not legally entitled thereto any knowledge or information obtained by me in the course of my employment with the Royal Canadian Mounted Police. So help me God.

R.S., 1985, c. 8 (2nd Supp.), s. 23.