Memorandum of Understanding between the CRCC and the RCMP

Signed December 11, 2019
by CRCC Chairperson Michelaine Lahaie & RCMP Commissioner Brenda Lucki

(collectively, the "Participants")
(cited as Operations MOU)

WHEREAS:

The Royal Canadian Mounted Police Act, R.S.C. 1985, c. R-10 (as amended)("RCMP Act") provides the legislative foundation for the RCMP and CRCC;
The RCMP is the Canadian national police force responsible for the preservation of the peace, prevention of crime and law enforcement;

The CRCC undertakes civilian review of RCMP activities as provided in the RCMP Act, which is integral to promoting transparency and public accountability of the RCMP;

The CRCC and the RCMP recognize the mutual institutional independence of the Participants. Nothing in this Operations MOU (Memorandum of Understanding) or any of its annexes will be interpreted in a manner that infringes, or could be reasonably seen to infringe on this independence;

The CRCC and the RCMP wish to establish procedures that will support the implementation of the public complaints regime set out under the RCMP Act;

The Chairperson of the CRCC and the Commissioner wish to enter into an Operations MOU respecting principles and procedures that apply to the treatment of privileged information;

The CRCC and the RCMP wish to establish a process whereby the provision of information and any dispute about access to information may be resolved expeditiously in a spirit of professional co-operation.

NOW THEREFORE, THE PARTICIPANTS INTEND AS FOLLOWS:

General Provisions

  1. All provisions cited below are from the RCMP Act unless otherwise specified.
  2. Where disputes or conflicts arise between the Participants with respect to the application, operation and interpretation of the RCMP Act, this Operations MOU, or any other matters that may arise in relation to the interaction of the Participants, the Participants will undertake to resolve such issues through discussion at the appropriate level of the respective organizations.
  3. The following officials are designated as the representatives for the purposes of this Operations MOU and any notices required under this MOU will be delivered as follows:
    Director of NPCD
    Director RPSI
    73 Leikin Drive
    60 Queen St
    Ottawa, ON
    Ottawa, ON
  1. The CRCC and the RCMP will form a working group to discuss issues of mutual interest, and the working group will meet once a year unless the CRCC and RCMP decide that a meeting is not required.
  2. This Operations MOU and any Appendices will be reviewed by the CRCC and the RCMP once per year; and where potential amendments are identified, these will be brought to the working group for initial discussion and the making of recommendations to the Commissioner and the Chairperson where appropriate. Amendments can be made via the process set out in paragraph 16.
  3. The Participants intend that best efforts will be made to ensure that timeframes specified within the Operations MOU are met. Should the CRCC or the RCMP not be able to meet a timeframe specified in the Operations MOU, the Participant to whom the timeframe applies will notify the other of same and provide a brief explanation.
  4. Each Participant will bear its own costs in carrying out its responsibilities as outlined in this Operations MOU.
  5. Unless otherwise noted, the service standards contained within the Operations MOU are stated in business days. Service Standard timelines are presented in table format in Appendix A.
  6. The CRCC and the RCMP will ensure that all staff having access to any information provided by either body possesses the security clearance level required by the Government of Canada. The Participants will also comply with the requirements set out in the Letter of Understanding acknowledging that Public Safety Canada will conduct the security screening for CRCC employees accessing RCMP information.
  7. Areas where RCMP information is to be physically handled and stored are subject to inspection by the appropriate RCMP Departmental Security Section (DSS) and must be acceptable to DSS prior to sharing information. DSS may establish additional safeguarding requirements based on site-specific conditions.
  8. A physical security site review of the CRCC's head office was completed by the RCMP in order to ensure that the CRCC's head office meets the definition of an "Operations Zone" according to the Treasury Board Directive on Security Management, Appendix B and C and the RCMP Security Manual Part 3. The CRCC's current head office (floors 2, 3 and 5 of 60 Queen St.) meets the minimum physical security requirements for an "Operations Zone". Should the CRCC move to a different head office and/or obtain additional office space, the RCMP will complete a new physical security site review of the CRCC's head office and/or office space prior to any RCMP documentation being provided to the CRCC in order to ensure that the CRCC's new location and/or additional office space meets the definition of an "Operations Zone" according to Policy on Government Security and RCMP standards.
  9. The RCMP will provide a workspace in an RCMP facility (National Headquarters, Divisional Headquarters or detachment) when requested by the CRCC in support of a review, investigation process or in situations where the requirements in paragraph 10 are not met.
  10. Access to RCMP Policies and/or Manuals via electronic methods is addressed in the MOU concerning access of CRCC employees to RCMP intranet. Any request for archived RCMP Policies and/or Manuals will be made to the RCMP Policies and Publications Section using the e-mail address DirectivesHistoricalRequests@rcmp-grc.gc.ca. The RCMP will provide archived RCMP Policies and/or Manuals to the CRCC within 10 days of the CRCC's request for such information or as otherwise decided upon.
  11. The Participants intend that the National Public Complaints Directorate (NPCD) will serve as the initial and primary point of contact for the CRCC staff in all matters, including:
    1. the complaint/review of the conduct of RCMP members or other persons appointed or employed under Part I;
    2. a specified activity review by the CRCC pursuant to sections 45.34 , 45.35, or 45.92 ("Specified Activity Review"); and
    3. the operation of Parts, VI, VII, VII.1 and VII.2 as it pertains to the CRCC.
  12. This Operations MOU will come into effect on the date of the last signature and will remain in effect until terminated by all Participants in accordance with paragraph 17 of this Operations MOU.
  13. This Operations MOU, and any Appendices to this Operations MOU, may be amended at any time with the mutual consent of the CRCC and the RCMP, and such amendments may be effected by an exchange of correspondence between the representatives.
  14. This Operations MOU will be terminated six months from the date one Participant gives written notice to the other Participant of their intention that the Operations MOU may be terminated. For this purpose, notice must be given by a person occupying the position of a signatory to this Operations MOU. This Operations MOU may be terminated any time, with the mutual consent of the CRCC and the RCMP, through an exchange of correspondence between the persons occupying the positions of the signatories to this Operations MOU.

"Documentary Evidence"

  1. The term "documentary evidence", as used in this Operations MOU, is any kind of evidence on which findings and recommendations produced by the CRCC are based, including paper records, electronic records, and audio and video recordings.

Powers of the CRCC

  1. When issuing a summons pursuant to subsection 45.36(1) and 45.65(1) the CRCC will make best efforts to accommodate the requests of RCMP members and employees in respect of the timing and location of such activities and will afford RCMP members and employees a reasonable opportunity to seek legal assistance pursuant to the Treasury Board "Policy on Legal Assistance and Indemnification."

Public Education, Outreach and Research

  1. The RCMP will support the CRCC's authority pursuant to section 45.38 to implement outreach and/or public education plansincluding dissemination and displaying of information related to the CRCC in RCMP detachments and offices.
  2. The RCMP will coordinate the internal education of members and employees regarding the established complaints processes, and support their roles and responsibilities within the complaint process.
  3. The Participants may jointly decide to collaborate on and/or implement a public education strategy; in doing so the roles and responsibilities, as well as the nature of the separate and distinct relationship between Participants, will be recognized.
  4. The CRCC and the RCMP will strive to proactively share and exchange information, when possible, regarding each organization's respective research strategies, priorities, projects and activities.
  5. The Participants may jointly decide to collaborate on a research project that will advance knowledge and understanding of issues impacting both organizations. The primary intent of such a joint endeavour is to more effectively plan for and utilize finite resources in a way that is collaborative and beneficial to both organizations.

Public Complaints

  1. The CRCC and the RCMP intend to establish consistent service standards regarding the handling of all public complaints in order to provide consistent service within decided upon timelines.

Jointly Developed Public Complaint Form

  1. If a member of the public chooses to file their complaint with the RCMP, the RCMP will use the jointly developed public complaint form for collection of public complaint information.
  2. Where potential amendments to the jointly developed public complaint form are identified, the Participants understand that these will be brought to the Officer in Charge (OIC) Outreach, NPCD and Director of Intake for initial discussion. Approval for amendments will be made in writing by the respective organizations.

ONLINE Public Complaint Form (for RCMP use only)

  1. The CRCC will provide updated technical information and links to the RCMP for the Online Public Complaint Form (for RCMP use only).
  2. The CRCC will notify the RCMP of any significant access issues to the Online Public Complaint Form (for RCMP use only).
  3. The RCMP will promote the use of this form internally with a goal of ensuring this online tool becomes the primary vehicle for receipt of complaint information.
  4. The Participants acknowledge that the RCMP's requirement to notify the CRCC pursuant to subsection 45.53(10) will be satisfied when the RCMP completes and submits the Online Public Complaint Form (for RCMP use only) through the CRCC's website. The CRCC will forward complaints received via the Online Public Complaint Form (for RCMP use only) to the NPCD within 10 days. The NPCD will confirm receipt of said information within 10 days of receipt.
  5. For greater certainty, when the RCMP completes and submits the Online Public Complaint Form (for RCMP use only) through the CRCC's website, the Participants acknowledge that the Commissioner retains the authority to extend or refuse the time limit for making a complaint pursuant to subsection 45.36(6). The RCMP will notify the CRCC of the Commissioner's decision to refuse to extend the time limit for making a complaint as described in paragraph 45 of this Operations MOU.

Public Complaint Investigations

  1. The Participants will provide within 10 days of the receipt of a complaint, the completed public complaint form and any related documentation provided by the complainant to the other Participant pursuant to subsection 45.53(10).
  2. Acknowledgement by the Participants of the receipt of the completed public complaint form and related documentation will be provided within 10 days.
  3. Where the CRCC receives a request from a complainant regarding a complaint over the RCMP's service standard for completing a public complaint investigation, the CRCC will contact NPCD for a status update on the file. NPCD will provide a status update within 10 days.
  4. In order to ensure the impartiality of the public complaint investigation, the CRCC may request, in writing, the RCMP to assign an investigator from a separate detachment or division.
  5. In these instances, the RCMP will notify the CRCC, in writing, within 10 days unless otherwise decided upon, of the outcome of this request.
  6. The NPCD will provide to the CRCC a copy of a report issued pursuant to section 45.64 within 10 days of the provision of such report to the complainant.

CRCC Complaints Refusals

  1. The CRCC will notify NPCD in writing within 10 days of a decision to refuse to deal with a complaint pursuant to subsections 45.53 (2), (3) or (4) except where the CRCC determines that it would not be appropriate to notify the RCMP.

RCMP Refusal or Termination of Public Complaint Investigation

  1. The NPCD will provide to the CRCC a copy of a notice of direction issued pursuant to subsection 45.61(3) within 10 days of the RCMP's provision of such report to the complainant. Provision of such notice to the CRCC will constitute notification pursuant to subsection 45.61(4). A notice of direction will provide the NPCD's reasons for so directing.

Extension of Time Limit

  1. The CRCC will notify the NPCD, in writing, within 10 days of a decision to refuse to extend the time limit for making a complaint except where the CRCC determines that it would not be appropriate to notify the RCMP.
  2. The CRCC will notify the NPCD, in writing, within 10 days of a decision under subsection 45.53(6) to extendthe one-year time limit.
  3. The NPCD will notify the CRCC pursuant to subsection 45.53(7), in writing, within 30 days of a decision to refuse to extend the time limit for making a complaint.
  4. The NPCD will notify the CRCC, in writing, within 10 days of a decision under subsection 45.53(6) to extendthe one-year time limit.
  5. Where a complaint is received by the CRCC and forwarded to the RCMP for investigation but the RCMP believes that the date of the incident falls outside the one-year time limit, the RCMP may exercise its discretion under subsection 45.53(6) to extend the one-year time limit, provide the CRCC with the notice described in paragraph 44 of this Operations MOU and investigate the complaint; or it may exercise its discretion to terminate the investigation or not commence an investigation pursuant to its authority under subsection 45.61(1).

Threats Made within Complaint Process

  1. Within normal course of business in the complaint process the CRCC may become aware of a possible threat to an RCMP member, member of the public, infrastructure, the individual within the complaint process, or any other person.
  2. The CRCC will immediately contact the Director of NPCD. If the Director is unreachable, for any reason, the CRCC will contact the Officer in Charge (OIC) Outreach, and if the OIC is unavailable, the CRCC will contact the detachment directly. A follow-up e-mail to NPCD will be sent immediately.
  3. The NPCD will make an updated contact list available to the CRCC to ensure immediate contact can be made.

Withdrawal of Complaints

  1. The NPCD will provide the CRCC with a copy of the complainant's written intent to withdraw a complaint within 10 days of learning of a complainant's desire to withdraw the complaint.
  2. The CRCC will provide the NPCD with a notice, in writing, that a complaint has been withdrawn within 10 days of the CRCC receiving the complainant's request to withdraw their complaint as required under subsection 45.55(3).
  3. In the event that a complaint is withdrawn by a complainant and the RCMP decides to investigate the withdrawn complaint, the RCMP will notify the CRCC within 10 days of the decision.
  4. In the event that a complaint is withdrawn by a complainant and that the CRCC decides to investigate, or review the withdrawn complaint, the CRCC will notify the RCMP within 10 days of the decision.

National Security Complaints

  1. NPCD will be the initial and primary point of contact for National Security related public complaints.
  2. The CRCC will identify employees who will act as points of contact for the RCMP in National Security related complaint matters.
  3. The CRCC may consult with the RCMP in order to make the determination that the complaint is closely related to National Security.
  4. After the referral to the National Security and Intelligence Review Agency (NSIRA) and the notification of the RCMP Commissioner, the CRCC will wait 10 days before notifying the complainant of the referral to NSIRA.
  5. For instances where complaints have not been initially identified as related to National Security but are later identified as such in the process, the RCMP and the CRCC will conduct discussions to establish if those complaints are closely related to National Security.

Integrated Cross-Border Complaints

  1. To enable the authorities under Part VII.2, the Participants, on identification of the complaint as one related to an Integrated Cross-Border Law Enforcement Operation, must notify the other Participant.
  2. The timelines established in this Operations MOU regarding the handling of investigations and reviews of complaints, as well as all related disclosure, recommendations, final reports and provincial reporting will apply.

Public Interest Investigation by the CRCC

  1. If the Chairperson is of the opinion that it would be in the public interest for the CRCC to investigate a complaint, the CRCC will, within 10 days, notify the Commissioner of such decision pursuant to subsection 45.66(2).
  2. Upon receipt of the CRCC's notification of a Public Interest Investigation, the NPCD will, within 10 days, identify a primary point of contact for the CRCC.
  3. Upon receipt of the CRCC's request for a Divisional point of contact, the NPCD will, within 10 days, provide the information listed in Appendix B.
  4. Notwithstanding paragraph 62, the Participants acknowledge that the NPCD is the first point of contact for the CRCC in a Public Interest Investigation, and remains the continuous coordinating and facilitative body during the investigation. The Participants further acknowledge that NPCD will be copied on all correspondence between the CRCC and the Division, unless otherwise decided upon.
  5. The Participants understand that all relevant material requests in Public Interest Investigations will be provided in writing to NPCD. The NPCD will provide the CRCC with the requested material within 30 days of the CRCC's request.
  6. Subsequent requests for relevant material will be provided in writing to the NPCD. The NPCD will provide the CRCC with the material within 15 days of the CRCC's request for such information.
  7. If any of the relevant material requests described in paragraph 64 and 65 contain Privileged Information as defined in subsection 45.4(1), any examination, provision or refusal of access to such information will be dealt with in accordance with the process developed in paragraphs 90 to 99 of this Operations MOU.

Reviews

Referral of Complaints to CRCC / Relevant Material Request

  1. Where a complainant requests that the CRCC conduct a review of a decision under section 45.61 or a report under section 45.64, the CRCC will notify NPCD, in writing, and request relevant material within 10 days.
  2. The NPCD will provide the CRCC with the requested material within 30 days of the CRCC's request for such information.
  3. Where the CRCC requires further information and/or material relevant to a referred complaint, the written request will be directed to the NPCD. The NPCD will provide such information and/or material within 15 days of the CRCC's request.
  4. If any of the relevant material requests described in paragraph 67 and 69 contain Privileged Information as defined in subsection 45.4(1), any examination, provision or refusal of access to such information will be dealt with in accordance with the process developed in paragraphs 90 to 99 of this Operations MOU.

Request for further investigation

  1. The CRCC will notify the Commissioner, in writing, within 10 days of a decision to request that the Commissioner direct the RCMP to investigate or further investigate a complaint pursuant to paragraph 45.71(3)(b).
  2. Where the CRCC investigates or further investigates a complaint pursuant to paragraph 45.71(3)(c), the CRCC will notify the NPCD of the investigation within 10 days of the CRCC's decision to initiate an investigation or further investigate a complaint.

Consolidation of Complaints by the CRCC

  1. The CRCC will, within 10 days, notify the NPCD when it has, pursuant to section 45.68, consolidated complaints for the purposes of an investigation, review, or hearing.

Reports following Reviews and Investigations

  1. Upon issuing a report identified in paragraph 45.71(3)(a) or subsection 45.76(1), the CRCC will provide the Commissioner with the documentary evidence pertaining to such report within 30 days of providing the Commissioner with such report.
  2. Where the CRCC issues a report pursuant to subsection 45.71(3)(a) or subsection 45.76(1), the Commissioner will provide the Chairperson with the written response required by subsection 45.72(1) or 45.76(2) within 6 months of the issuance of the report by the CRCC.
  3. Where the Commissioner issues a written response pursuant to subsection 45.72(1) or subsection 45.76(2), the CRCC will provide the Commissioner with the CRCC's final report within 30 days of the receipt of the Commissioner's response by the CRCC.

Specified Activity Review

  1. Unless requested by the Minister, the CRCC may consult with the RCMP prior to the recommendation to initiate a Specified Activity Review to the Chairperson. This without prejudice consultation will provide the Participants the ability to discuss the scope of the Terms of Reference (e.g. the length of time required to examine a particular activity). This will also provide the NPCD with the advanced considerations to resource the Specified Activity Review appropriately.
  2. The CRCC will notify the Commissioner in writing, within 10 days, of the initiation of a Specified Activity Review. The notification to the Commissioner will include the Terms of Reference for the Specified Activity Review.
  3. Upon receipt of the CRCC's notification of a Specified Activity Review, the NPCD will, within 10 days, identify the unit's primary point of contact for the CRCC.
  4. Upon receipt of the CRCC's request for a Divisional point of contact, the NPCD will, within 10 days, provide the information listed in Appendix B.
  5. Notwithstanding paragraph 80, the Participants understand that the NPCD is the first point of contact for the CRCC in the Specified Activity Review investigative process, and remains the continuous coordinating and facilitative body during the review. The Participants further understand that NPCD will be copied on all correspondence between the CRCC and the Division unless otherwise decided upon.
  6. The Participants understand that all relevant material requests will be provided in writing to NPCD. The NPCD will provide the CRCC with the requested material within 30 days of the CRCC's request for such information.
  7. Subsequent requests for relevant material deriving from missing material will be provided in writing to NPCD. The NPCD will provide the CRCC with the missing material within 15 days of the CRCC's request for such information.
  8. Any request for further/additional requested relevant material to the Specified Activity Review will be provided in writing to NPCD. The NPCD will provide the CRCC with said materials within 30 days of the CRCC's request for such information.
  9. If any of the relevant material requests described in paragraph 82 to 84 contain Privileged Information as defined in subsection 45.4(1), any examination, provision or refusal of access to such information will be dealt with in accordance with the process developed in paragraphs 90 to 99 of this Operations MOU.
  10. Upon completion of the CRCC's Report following a Specified Activity Review, the CRCC will provide the NPCD with a copy of the Report and any background information pertaining to the Specified Activity Review that the CRCC considers appropriate, within 10 days of the Chairperson's approval.
  11. Upon receipt of the CRCC's Report following a Specified Activity Review, the Commissioner may provide a response to the CRCC with respect to any finding, recommendation and comment contained in said Report within 60 days.
  12. The CRCC may make public, following the 60-day waiting period in paragraph 87 or unless decided otherwise between the Participants, the CRCC's Report following a Specified Activity Review, in whole or in part. If the Commissioner has provided a response to said Report within the 60-day waiting period, the Participants acknowledge that the response will be released contemporaneously with the CRCC's Report following a Specified Activity Review.
  13. Notwithstanding paragraph 87 and 88 of this Operations MOU, the Commissioner may provide a response to a Specified Activity Review at his or her discretion.

Privileged Information

Examination of Privileged Information

  1. The RCMP intends to identify any information over which it asserts a claim of privilege within 30 days of the CRCC's request for such information.
  2. Where the information is identified as privileged information and under the control, or in the possession of the RCMP and is relevant and necessary to the exercise of the CRCC's powers or the performance of its duties and functions as set out in the RCMP Act, the RCMP will provide the CRCC with access, at an RCMP facility, within 30 days of the CRCC's request for such information.
  3. Providing access to the CRCC of such information will not constitute waiver of any privilege attached without written confirmation of such waiver from the RCMP.

Provision of Privileged Information

  1. Subject to the Commissioner's approval, the CRCC is entitled to be given a copy of relevant and necessary privileged information. The RCMP intends to provide the CRCC with a copy of relevant and necessary privileged information within 10 days of the Commissioner's approval.
  2. The provision of such information by the RCMP will not constitute waiver of any privilege attached without written confirmation of such waiver from the RCMP.

Refusal of Access to Privileged Information

  1. Where the RCMP believes that a claim of privilege exists and that the information is not relevant and necessary, the RCMP will provide the CRCC with details about the nature and date of the privileged information and will describe the document containing the information and the privilege which it deems applicable within 30 days. Following the provision of these details, the RCMP and CRCC staff, as designated by the Commissioner and the Chairperson, will determine whether the privileged information is relevant and necessary to the matter before the CRCC.
  2. Any discussions that occur pursuant to paragraph 95 will be conducted without prejudice.
  3. Following such discussions, the RCMP will, within 30 days of the date of completing discussions, either:
    1. Provide written verification that the CRCC acknowledges the information has been deemed not relevant or necessary; or
    2. Provide access to the information to the CRCC; or
    3. Provide the CRCC with written reasons why the privileged information is not relevant and necessary without disclosing the privileged information.
  4. Where written reasons are provided in accordance with paragraph 97(c) of this Operations MOU, the Chairperson will determine whether the information is still sought by the CRCC, and if so, will communicate his or her position and written reasons to the Commissioner within 30 days of the RCMP reasons being received.
  5. Upon receipt of the Chairperson's position, the Commissioner will, within 30 days, either:
    1. Direct access to the information be provided to the CRCC; or
    2. Provide the Chairperson with written reasons outlining why the privileged information is not relevant and necessary, which will constitute a refusal and reasons pursuant to subsection 45.4(4).

Use of Privileged Information

  1. Where the CRCC seeks the Commissioner's approval prior to distributing a report or other document that may contain privileged information pursuant to subsection 45.44(2), the Commissioner will indicate whether he or she approves the distribution of such document within 30 days of receipt of the CRCC's request for consultation and approval. Should the Commissioner determine that such approval will be withheld, he or she will provide written reasons for such determination to the Chairperson.
  2. Where the Commissioner determines that approval for distribution of a document containing or disclosing privileged information will be withheld pursuant to subsection 45.44(3), the RCMP and CRCC staff, as designated by the Commissioner and the Chairperson, will develop a version suitable for distribution and will seek approval from the Chairperson and Commissioner for the distribution of this new version.

Use of Information Giving Rise to a Risk of Serious Harm to a Person

  1. Where, pursuant to subsection 45.44(2), the CRCC seeks the Commissioner's approval prior to distributing a report or other documents that may contain information identified as giving rise to a risk of serious harm to a person as described in subsection 45.39(3), the Commissioner will indicate whether or not he or she approves the distribution of such document within 30 days of receipt of the CRCC's request for approval. Should the Commissioner indicate that such approval will be withheld, he or she will provide written reasons for such determination to the Chairperson.
  2. Where the Commissioner indicates that approval for distribution of a document containing information identified as giving rise to a risk of serious harm to a person will be withheld pursuant to subsection 45.44(3), the RCMP and CRCC staff, as designated by the Commissioner and the Chairperson, will develop a version suitable for distribution and will seek approval from the Chairperson and Commissioner for the distribution of this new version.

Serious Incidents

  1. Where the RCMP conducts a serious incident investigation pursuant to paragraph 45.82(2)(b), the RCMP will:
    1. notify the CRCC as required under paragraph 45.82(2)(a), no later than 2 days after the RCMP's decision to conduct the investigation, that it is investigating the serious incident;
    2. provide the Chairperson, within 10 days of the RCMP's decision to conduct the investigation, with a report outlining the efforts made to identify an investigative body or police force to conduct the investigation, as required under subsection 45.82(4); and
    3. provide the Chairperson, within 10 days of the RCMP's decision to conduct the investigation, with a report setting out the measures taken to ensure impartiality of the investigation if there is no observer appointed, as required under subsection 45.83(4).
  2. Where a police force other than the RCMP conducts a serious incident investigation pursuant to subsection 45.81(2) or 45.82(1), the RCMP will, no later than 2 days after receiving confirmation that the other police force will conduct the investigation, notify the CRCC of the serious incident, as required under paragraph 45.83(1)(a).

Appendix A

Process RCMP Service Standard CRCC Service Standard MOU
Paragraph
GENERAL PROVISIONS
A working group will be formed to discuss issues of mutual interest Will meet once a year unless CRCC and RCMP decide that a meeting is not required. Will meet once a year unless CRCC and RCMP decide that a meeting is not required. 4
Request for archived RCMP Policies and/or Manuals The RCMP will provide to the CRCC within 10 days of the CRCC's request or as otherwise decided upon.   13
The Operations MOU and Appendices may be amended at any time with the mutual consent of the CRCC and RCMP by at any time with the mutual consent of the CRCC and RCMP by exchange of correspondence 16
MOU will be terminated six months from the date of written notice six months from the date of written notice 17
PUBLIC COMPLAINTS
Online Public Complaint Form      
CRCC will forward complaints received via Online Public Complaint Form to NPCD   within 10 days 31
NPCD will confirm receipt of forwarded online complaint within 10days of receipt   31
Public Complaint Investigations
The participants will provide the completed public complaint form and any related documentation provided by the complainant within 10days of receipt within 10days of receipt 33
Acknowledgement of receipt of completed public complaint form and related documentation within 10days of receipt within 10days of receipt 34
When CRCC contacts NPCD for a status update on RCMP's service standard for completing a public complaint investigation, NPCD will provide a status update within 10 days   35
Upon written request that the RCMP assign an investigator from a separate detachment or division, the RCMP will notify the CRCC in writing of the outcome of this request within 10days unless otherwise decided upon   37
NPCD will provide the CRCC with a copy of a report issued pursuant to section 45.64 within 10 days of the provision of report to complainant   38
CRCC Complaint Refusals
CRCC will notify NPCD, in writing, of a decision to refuse to deal with a complaint   within 10 days, except where the CRCC determines that it would not be appropriate to notify the RCMP 39
RCMP Refusal of Termination of Public Complaint Investigation
The NPCD will provide to the CRCC a copy of a notice of direction pursuant to subsection 45.61(3) within 10 days of the provision of report to complainant   40
Extension of Time Limit
The CRCC will notify the NPCD, in writing, of a decision to refuse to extend the time limit for making a complaint.   within 10days except where the CRCC determines that it would not be appropriate to notify the RCMP 41
The CRCC will notify the NPCD, in writing, of a decision under subsection 45.53(6) to extend the one year time limit.   within 10 days 42
The NPCD will notify the CRCC pursuant to subsection 45.53(7), in writing, Ma decision to refuse to extend the time limit for making a complaint. within 30 days   43
The NPCD will notify the CRCC, in writing, of a decision under subsection 45.53(6) to extend the one-year time limit._   within 10 days 44
WITHDRAWAL OF COMPLAINTS
The NPCD will provide the CRCC with a copy of the complainant's written request to withdraw a complaint. within 10 days   49
The CRCC will provide the NPCD with a notice, in writing, that complaint has been withdrawn.   within 10 days 50
In the event that a complaint is withdrawn by a complainant and the RCMP decides to investigate the withdrawn complaint, the RCMP will notify the CRCC. within 10 days of the decision   51
In the event that a complaint is withdrawn by a complainant and the CRCC decides to investigate, or review the withdrawn complaint, CRCC will notify the RCMP.   the within 10 days of the decision 52
NATIONAL SECURITY COMPLAINTS
After referral to NSIRA and the notification of the RCMP Commissioner, the CRCC will wait before notifying the complainant of the referral to NSIRA.   will wait 10 days 56
PUBLIC INTEREST INVESTIGATION BY THE CRCC
If the Chairperson is of the opinion that it would be in the public interest for the CRCC to investigate a complaint, the CRCC will notify the Commissioner of such decision   within 10 days 60
Upon receipt of the CRCC's notification of a Public Interest Investigation, The NPCD will identify a primary point of contact for the CRCC within 10 days   61
Upon receipt of the CRCC's request for a Divisional point of contact, the NPCD will provide the information listed in Appendix B of the operations MOU within 10 days   62
The NPCD will provide the CRCC with relevant material requests in Public Interest Investigations in writing within 30 days of the CRCC's request   64
The NPCD will provide the CRCC with subsequent requests for relevant material within 15 days of the CRCC's request   65
REVIEWS
Referral o Complaints to CRCC/Relevant Material Request
Where a complainant requests that the CRCC conduct a review of a decision under section 45.61 or a report under section 45.64, the CRCC will notify NPCD, in writing, and request relevant material   within 10 days 67
The NPCD will provide the CRCC with the requested relevant material within 30 days of the CRCC's request   68
Where the CRCC requires further information and/or material relevant to a referred complaint, the written request will be directed to the NPCD. The NPCD will provide such information and/or material within 15 days of the CRCC's request   69
Request for Further investigation
The CRCC will notify the Commissioner, in writing, of a decision to request that the Commissioner direct the RCMP to investigate or further investigate a complaint pursuant to paragraph 45.71(3)(b).   within 10 days 71
Where the CRCC investigates or further investigates a complaint pursuant to paragraph 45.71(3)(c), the CRCC will notify the NPCD of the investigation   within 10 days of the decision to initiate an investigation or further investigate a complaint. 72
Consolidation of Complaints by CRCC
The CRCC will notify the NPCD when it has, pursuant to section 45.68, consolidated complaints for the purposes of an investigation, review, or hearing.   within 10 days 73
REPORTS FOLLOWING REVIEWS AND INVESTIGATIONS
Upon issuing a report identified in paragraph 45.71(3)(a) or subsection 45.76(1), the CRCC will provide the Commissioner with the documentary evidence pertaining to such report   within 30days of providing the Commissioner with such report. 74
Where the CRCC issues a report pursuant to subsection 45.71(3)(a) or subsection 45.76(1), the Commissioner will provide the Chairperson with the written response required by subsection 45.72(1) or 45.76(2) within 6 months of the issuance of the report by the CRCC.   75
Where the Commissioner issues a written response pursuant to subsection 45.72(1) or subsection 45.76(2), the CRCC will provide the Commissioner with the CRCC's final report   within 30 days of the receipt of the Commissioner's response by the CRCC. 76
SPECIFIED ACTIVITY REVIEW
The CRCC will notify the Commissioner, in writing, of the initiation of a Specified Activity Review.   within 10 days of the initiation 78
Upon receipt of the CRCC's notification of a Specified Activity Review, the NPCD will identify the unit's primary point of contact for the CRCC. within 10 days   79
Upon receipt of the CRCC's request for a Divisional point of contact, the NPCD will provide the information listed in Appendix 8 of the MOU within 10 days   80
The Participants understand that all relevant material requests will be provided in writing to NPCD. The NPCD will provide the CRCC with the requested material within 30 days of the CRCC's request   82
Subsequent requests for relevant material deriving from missing material will be provided in writing to NPCD. The NPCD will provide the CRCC with the missing material within 15 days of the CRCC's request   83
Any request for further/additional relevant material to the Specified Activity Review will be provided in writing to NPCD. The NPCD will provide the CRCC with the requested materials within 30 days of the CRCC's request   84
Upon completion of the CRCC's Report following a Specified Activity Review, the CRCC will provide the NPCD with a copy of the Report and any background information pertaining to the Specified Activity Review that the CRCC considers appropriate   within 10 days of the report being issued. 86
Upon receipt of the CRCC's Report following a Specified Activity Review, the Commissioner may provide a response to the CRCC with respect to any finding, recommendation and comment contained in said Report within 60days   87
The CRCC may make public the CRCC's Report following a Specified Activity Review, In whole or In part.   following the 60-day waiting period (In paragraph 87 In MOU) or unless decided otherwise between the Participants 88
PRIVILEGED INFORMATION
Examination of Privileged Information
The RCMP will identify any information over which it asserts a claim of privilege within 30days of the CRCC's request for such information   90
Where the information is identified as privileged information and under the control, or in the possession of the RCMP and is relevant and necessary to the exercise of the CRCC's powers or the performance of its duties and functions as set out in the RCMP Act, the RCMP will provide the CRCC with access, at an RCMP facility within 30 days of the CRCC's request for such information.   91
Provision of Privileged Information
Subject to the Commissioner's approval, the CRCC is entitled to be given a copy of relevant and necessary privileged information. The RCMP intends to provide the CRCC with a copy of relevant and necessary privileged information within 10 days of the Commissioner's approval.   93
Refusal of Access to Privileged Information
Where the RCMP believes that a claim of privilege exists and that the Information is not relevant and necessary, the RCMP will provide the CRCC with details about the nature and date of the privileged information and will describe the document containing the information and the privilege which it considers applicable within 30 days   95
Following such discussions, the RCMP will either:
  1. Provide written verification that the CRCC acknowledges the information has been determined not relevant or necessary; or
  2. Provide access to the information to the CRCC; or
  3. Provide the CRCC with written reasons why the privileged Information is not relevant and necessary without disclosing the privileged information.
within 30 days of the date of completing discussions   97
Where written reasons are provided In accordance with paragraph 97(c) of this Operations MOU, the Chairperson will determine whether the information is still sought by the CRCC, and if so, will communicate his or her position and written reasons to the Commissioner   within 30 days of the RCMP reasons being received. 98
Upon receipt of the Chairperson's position, the Commissioner will either:
  1. Direct access to the information be provided to the CRCC; or
  2. Provide the Chairperson with written reasons outlining why the privileged information Is not relevant and necessary, which will constitute a refusal and reasons pursuant to subsection 45.4(4).
within 30 days   99
Use of Privileged Information
Where the CRCC seeks the Commissioner's approval prior to distributing a report or other document that may contain privileged information pursuant to subsection 45.44(2), the Commissioner will Indicate whether they approve the distribution of such document within 30 days of receipt of the CRCC's request for consultation and approval.   100
Use of Information Giving Rise to a Risk of Serious Harm to a Person
Where, pursuant to subsection 45.44(2), the CRCC seeks the Commissioner's approval prior to distributing a report or other documents that may contain information identified as giving rise to a risk of serious harm to a person as described in subsection 45.39(3), the Commissioner will indicate whether or not they approve the distribution of such document within 30 days of receipt of the CRCC's request for approval.   102
SERIOUS INCIDENTS
Where the RCMP conducts a serious incident investigation pursuant to paragraph 45.82(2)(6), the RCMP will notify the CRCC as required under paragraph 45.82(2)(a), that it is investigating the serious incident; no later than 2 days after the RCMP's decision to conduct the investigation   104a
Where the RCMP conducts a serious incident investigation pursuant to paragraph 45.82(2)(b), the RCMP will provide the Chairperson with a report outlining the efforts made to identify an investigative body or police force to conduct the investigation, as required under subsection 45.82(4) within 10 days of the RCMP's decision to conduct the investigation   104b
Where the RCMP conducts a serious incident investigation pursuant to paragraph 45.82(2)(b), the RCMP will provide the Chairperson with a report setting out the measures taken to ensure impartiality of the conduct investigation if there is no observer appointed, as required under subsection 45.83(4). within 10 days of the RCMP's decision the investigation   104c
Where a police force other than the RCMP conducts a serious incident receiving investigation pursuant to subsection 45.81(2) or 45.82(1), the RCMP will notify the CRCC of the serious incident, as required under paragraph 45.83(1)(a). no later than 2 days after confirmation that the other police force will conduct the Investigation   105

Appendix B

[X]DIVISION

1. Unit/Detachment: NAME OF UNIT OR DETACHMENT

Name and Rank:  
Position Title:  
Office Phone:  
Cell Phone:  
E-Mail:  

Additional Info/Contacts:

 

2. Unit/Detachment:

Name and Rank:  
Position Title:  
Office Phone:  
Cell Phone:  
E-Mail:  

Additional Info/Contacts:

 
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