Memorandum of Understanding between the CRCC and the RCMP

Amended memorandum of understanding regarding operations under parts VI, VII, VII.1 and VII.2 of the Royal Canadian Mounted Police Act between: the Royal Canadian Mounted Police ("RCMP") and the Civilian Review and Complaints Commission for the Royal Canadian Mounted Police ("CRCC")

WHEREAS:

This Amended Memorandum of Understanding (MOU) will replace the existing MOU that was signed on April 19, 2022, by the Chairperson for the CRCC and the Commissioner of the RCMP and will take effect upon signing.

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 service 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 application 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 non-privileged information, relevant material 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 Conditions

1. All sections 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:
   For the RCMP:
   Director of NPCD

   For the CRCC:
   Senior Director
   STRATOPS

   73 Leikin Drive

   60 Queen Street

   Ottawa, ON

   Ottawa, ON

4. 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.
5. 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.
6. 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.
7. Unless otherwise stated in this Operations MOU, each Participant will bear its own costs.
8. 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.
9. The CRCC and the RCMP will ensure that all staff having access to any information provided by either body possesses the appropriate 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.
10. Areas where RCMP information will be physically handled and stored are subject to inspection by the appropriate RCMP Departmental Security Section (DSS) and will be acceptable to DSS prior to sharing information. DSS may establish additional safeguarding requirements based on site-specific conditions.
11. 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 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.
12. 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.
13. 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. All requests will be initiated from the CRCC Policy Request email address. 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.
14. 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.

    All correspondence shall be cc'd to the NPCD mailbox for tracking purposes and for action to be taken should it be required.

15. This Operations MOU will come into effect on the date of the last signature and will expire on March 31, 2025, unless terminated by the Participants in accordance with paragraph 17 of this Operations MOU. Participants may extend the MOU on written consent of the signatories for one year.
16. 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 written consent of the Participants.
17. 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 will 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. Termination does not release either Participant from any commitments that accrued while the MOU was in effect; in particular, any obligation related to liability, confidentiality, use and disclosure of information and/or documents will survive the expiry or termination of this MOU.

"Documentary Evidence"

18. 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

19. 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

20. The RCMP will support the CRCC's authority pursuant to section 45.38 to implement outreach and/or public education plans including dissemination and displaying of information related to the CRCC in RCMP detachments and offices.
21. 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.
22. 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.
23. 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.
24. 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

25. 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

26. 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.
27. 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)

28. The CRCC will provide updated technical information and links to the RCMP for the Online Public Complaint Form (for RCMP use only).
29. The CRCC will notify the RCMP of any significant access issues to the Online Public Complaint Form (for RCMP use only).
30. 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.
31. 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.
32. 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

33. 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).
34. Acknowledgement by the Participants of the receipt of the completed public complaint form and related documentation will be provided within 10 days.
35. 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.
36. 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. In these cases, the CRCC will provide supporting rationale for their request.
37. In these instances, the RCMP will notify the CRCC, in writing, within 10 days unless otherwise decided upon, of the outcome of this request. Should the RCMP decide not to adhere to the request, they will provide their supporting rationale. Confirmation of receipt of responses will be provided via email.
38. 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

39. 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

40. 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

41. 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.
42. The CRCC will notify the NPCD, in writing, within 10 days of a decision under subsection 45.53(6) to extend the one-year time limit.
43. The NPCD will notify the CRCC pursuant to subsection 45.53(7), by email within 10 days of a decision to refuse to extend the time limit for making a complaint.
44. The NPCD will notify the CRCC by email within 10 days of a decision under subsection 45.53(6) to extend the one-year time limit.
45. 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

46. 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.
47. The CRCC will immediately contact the Director of NPCD, the Officer in Charge (OIC) and the NPCD mailbox with details for immediate action. Confirmation of delivery will be made to the CRCC through email.
48. The NPCD will make an updated contact list available to the CRCC to ensure immediate contact can be made.

Withdrawal of Complaints

49. 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.
50. 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).
51. 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.
52. 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.

Undeliverable Letter of Disposition

53. In the case where a Letter of Disposition (LOD) is undeliverable to the complainant, the RCMP will provide notification by email to the CRCC.

National Security Complaints

54. NPCD will be the initial and primary point of contact for National Security related public complaints.
55. The CRCC will identify employees who will act as points of contact for the RCMP in National Security related complaint matters
56. The CRCC may consult with the RCMP in order to make the determination that the complaint is closely related to National Security.
57. 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. NSIRA assesses the efficacy and performance of National Security and Intelligence (NSI) agencies across government by reviewing and reporting on the lawfulness of all NSI activities. NSIRA also investigates complaints made against CSIS and CSE, and from individuals denied security clearances, as well as national security-related complaints made against the RCMP.
58. 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

59. 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.
60. 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

61. 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).
62. 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.
63. 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.
64. Notwithstanding paragraph 63, 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.
65. 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.
66. 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.
67. If any of the relevant material requests described in paragraph 65 and 66 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 91 to 100 of this Operations MOU.

Reviews

Referral of Complaints to CRCC / Relevant Material Request

68. 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.
69. The NPCD will provide the CRCC with the requested material within 30 days of the CRCC's request for such information.
70. 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.
71. If any of the relevant material requests described in paragraph 68 and 70 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 91 to 100 of this Operations MOU.

Request for further investigation

72. 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).
73. 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

74. 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

75. 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.
76. 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.
77. 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

78. 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.
79. 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.
80. 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.
81. 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.
82. Notwithstanding paragraph 81, 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.
83. 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.
84. 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.
85. 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.
86. If any of the relevant material requests described in paragraph 83 to 85 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 91 to 100 of this Operations MOU.
87. 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.
88. 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.
89. The CRCC may make public, following the 60-day waiting period in paragraph 88 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.
90. Notwithstanding paragraph 88 and 89 of this Operations MOU, the Commissioner may provide a response to a Specified Activity Review at their discretion.

Privileged Information

Examination of Privileged Information

91. 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.
92. 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.
93. 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

94. 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.
95. 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

96. 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.
97. Any discussions that occur pursuant to paragraph 96 will be conducted without prejudice.
98. 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.
99. Where written reasons are provided in accordance with paragraph 98(c) of this Operations MOU, the Chairperson will determine whether the information is still sought by the CRCC, and if so, will communicate their position and written reasons to the Commissioner within 30 days of the RCMP reasons being received.
100. 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

101. 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.
102. 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

103. 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.
104. 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

105. 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).
106. Where a police service 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 service will conduct the investigation, notify the CRCC of the serious incident, as required under paragraph 45.83(1)(a).

Exchange of Information

Electronic Transfer of Relevant Materials

1. 106.1 Unless precluded from doing so, the Participants may exchange relevant materials using LiquidFiles, a software approved by the RCMP Departmental Security Branch that allows for the secure transfer of electronic documents.
2. 106.2 The Participants understand that LiquidFiles will only be used for the purposes of exchanging relevant materials and that only documents up to Protected "B" will be shared using LiquidFiles.
3. 106.3 The CRCC will install LiquidFiles on its internal server and will manage it in accordance with applicable policies. The CRCC will control who has access to LiquidFiles and will only be giving such access to certain specifically designated employees of the RCMP and the CRCC that need to use the software to perform their work.  The RCMP will provide a list of specifically designated employees to the CRCC and will promptly notify the CRCC of any changes to that list.
4. 106.4 The CRCC, at its own expense, will provide to the RCMP up to ten (10) LiquidFiles user licenses for specifically designated employees. The cost for any additional user licenses for specifically designated employees of the RCMP will be negotiated between the Participants. The agreement of the Participants with respect to the cost sharing for those additional user licenses will be provided in writing in a separate instrument.
5. 106.5 In cases where the RCMP experiences technical issues related to LiquidFiles, the CRCC, at its own expense, will provide technical assistance to the RCMP. In such case, the RCMP may contact CRCC's Helpdesk by email at Helpdesk.ITHelpdeskaccount@crcc-ccetp.gc.ca.
6. 106.6 The Participants understand that documents shared using LiquidFiles will be automatically removed from LiquidFiles if the transfer is not completed within 14 days. The Participants also understand that once a transfer is complete, the Participant who has received the documents may subsequently transfer them to an internal storage system. All transfers and storage of documents will be done in accordance with applicable legislation and policies.

107. The RCMP and CRCC will attach a warning to any information exchange that includes graphic material.
108. The RCMP will strive to provide the CRCC access to the RCMP's Enterprise Directory in order to obtain member emails and work locations. Until such time, the NPCD will provide the CRCC with confirmation of member's email addresses.

Information Management

1. 108.1 The Participants understand that documents shared between the Participants are subject to the Access to Information Act, the Privacy Act or other lawful authority.
2. 108.2 If a Participant:
   1. (a)     receives an access to information request under the Access to Information Act, the Privacy Act or other lawful authority for documents that were shared by the other Participant; or
   2. (b)     in its responsive materials to such request, has documents that were shared by the other Participant,
      

   it will immediately notify the other Participant which will promptly engage its access to information and privacy section.

3. 108.3 The Participants understand that documents shared by the other Participant will not be released without prior consultation with the other Participant and its access to information and privacy section.  
4. 108.4 Each Participant will promptly notify the other of any unauthorized use or disclosure of the information shared by the other Participant and will provide the other Participant with details of such unauthorized use or disclosure. In the event of such an occurrence, the Participant responsible for safeguarding the information will take all reasonably necessary steps to mitigate the breach and follow internal procedures on breach reporting to prevent a reoccurrence.
5. 108.5 Each Participant will return any information that should not have been provided to it by the other Participant.

Updates on Recommendations

109. Where the Commissioner has committed to recommendations as a result of an interim report or specified activity review, the NPCD will provide to the CRCC, on a bi-annual reporting basis, a detailed update on the status of the more complex commitments (e.g. training or policy) and those that remain remain outstanding, until their conclusion.

Liability

110. Each Participant will be responsible for any damages caused by the conduct of its employees or agents in carrying out the conditions of this MOU.
111. The Participants understand that no dispute will be referred to any court, tribunal, arbiter, or any other binding forum or process.

General

112. This MOU reflects the good faith and spirit of cooperation of the Participants but is not legally binding on any of them.

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) by email of a decision to refuse to extend the time limit for making a complaint.	within 10 days		43
The NPCD will notify the CRCC by email of a decision under subsection 45.53(6) to extend the one-year time limit.	within 10 days		44
Withdrawal of Public 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	57
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	61
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		62
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		63
The NPCD will provide the CRCC with relevant material requests in Public Interest Investigations in writing	within 30 days of the CRCC's request		65
The NPCD will provide the CRCC with subsequent requests for relevant material	within 15 days of the CRCC's request		66
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	68
The NPCD will provide the CRCC with the requested relevant material	within 30 days of the CRCC's request		69
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		70
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	72
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.	73
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	74
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.	75
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.		76
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.	77
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	79
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		80
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		81
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		83
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		84
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		85
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.	87
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		88
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	89
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		91
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.		92
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.		94
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		96
Following such discussions, the RCMP will either: Provide written verification that the CRCC acknowledges the information has been determined not relevant or necessary; or Provide access to the information to the CRCC; or 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		98
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.	99
Upon receipt of the Chairperson's position, the Commissioner will either: Direct access to the information be provided to the CRCC; or 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		100
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.		101
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.		103
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		105a
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		105b
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		105c
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		106

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: