Regulations Prescribing Physical Injuries

Enabling act

Subsection 45.79(3) of the Royal Canadian Mounted Police Act

Description

The proposed regulations would strengthen Royal Canadian Mounted Police (RCMP) governance by prescribing a definition of “serious injury” in regulations, under subsection 45.79(1) of the RCMP Act. This will clarify when the RCMP must initiate an external serious incident investigation as set out in the Act.

Potential impacts on Canadians, including businesses

Defining “serious injury” in regulations would provide more certainty, impartiality and transparency concerning how these incidents must be handled, which would contribute to RCMP accountability and enhance public trust.

The definition would apply to all, regardless of gender, however, would most benefit men and Indigenous individuals, as they most frequently experience encounters with the police generally.

The proposal would not result in any new costs for the Government of Canada, including the RCMP and the Civilian Review and Complaints Commission, and will not impact businesses.

Regulatory cooperation efforts (domestic and international)

This proposal is not related to a work plan or commitment under a formal regulatory cooperation forum. However, the federal, provincial and territorial (FPT) government have collaborated through Assistant Deputy Ministry (ADM) – FPT on Crime Prevention and Policing Committee and the ADM-FPT on Contract Management Committee to develop the proposed definition.

Consultations

Pre-publication in the Canada Gazette (Part I) is scheduled for       April 4, 2019. Interested persons may make representations concerning the proposed regulations within 30 days of the publication date.

Further information

  1. RCMP
    https://laws-lois.justice.gc.ca/eng/acts/R-10/page-18.html
  2. Civilian Review and Complaints Commission
    https://www.crcc-ccetp.gc.ca/en/police-investigating-police-final-public-report
    https://www.crcc-ccetp.gc.ca/en/annual-report-2017-2018
  3. Statistics Canada
    https://www.statcan.gc.ca/eng/subjects-start/crime_and_justice
  4. Office of the Correctional Investigator
    http://www.oci-bec.gc.ca/cnt/priorities-priorites/aboriginals-autochtones-eng.aspx
    http://www.oci-bec.gc.ca/cnt/rpt/annrpt/annrpt20162017-eng.aspx#s3
    http://www.oci-bec.gc.ca/cnt/rpt/annrpt/annrpt20172018-eng.aspx

Departmental contact information

Jennifer MacKenzie
Manager, Policing Accountability
(613) 949-9076
jennifer.mackenzie4@canada.ca

Date the regulatory initiative was first included in the Forward Regulatory Plan

October 1, 2013


For more information

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