Integrated Cross-border Law Enforcement Operations Act

An Act to implement a Framework Agreement on Integrated Cross-Border Law Enforcement Operations between the Government of Canada and the Government of the United States of America Short title This Act may be cited as the Integrated Cross-border Law Enforcement Operations Act. Definitions The following definitions apply in this Act. Agreement means the Framework Agreement on Integrated Cross-Border Maritime Law Enforcement Operations between the Government of Canada and the Government of the United States of America signed on May 26, 2009. (accord) designated officer means an individual appointed as a cross-border maritime law enforcement officer by the Central Authority for Canada under subsection 7(1) or 8(1); and the person designated as the Central Authority for the United States for the application of the Agreement. (agent désigné) integrated cross-border operation means the deployment of a vessel crewed jointly by designated officers from Canada and the United States for cross-border law enforcement purposes in undisputed areas of the sea or internal waters along the international boundary between Canada and the United States. (opération transfrontalière intégrée) Purpose The purpose of this Act is to implement the Agreement, the objectives of which are to provide additional means to prevent, detect and suppress criminal offences and violations of the law in undisputed areas of the sea or internal waters along the international boundary between Canada and the United States and to facilitate the investigation and prosecution of such offences and violations. Statement It is recognized and declared that Canada and the United States have a common interest in the security of the undisputed areas of the sea or internal waters along the international boundary between Canada and the United States; integrated cross-border operations must respect the sovereignty of Canada and the United States, be conducted in accordance with the rule of law, and be conducted as directed by a designated officer from the host country; and in Canada, integrated cross-border operations must be conducted in a manner respecting the rights and freedoms guaranteed by the Canadian Charter of Rights and Freedoms. Designation For the purposes of implementing the Agreement, the Central Authority for Canada is the Commissioner of the Royal Canadian Mounted Police or his or her delegate. Direction and management The Central Authority for Canada has, in cooperation with the person designated as the Central Authority for the United States for the purposes of implementing the Agreement, responsibility for the direction and management of integrated cross-border operations. Appointment of officers from Canada The Central Authority for Canada may appoint as a cross-border maritime law enforcement officer an individual who is a member of the Royal Canadian Mounted Police; a police officer appointed or employed under the law of a province; or a pilot, co-pilot, observer or other member of the crew of an aircraft that is operated by the Royal Canadian Mounted Police or a police service established under the law of a province and that is used to provide aerial support in an integrated cross-border operation. Criterion for appointment An individual may be appointed under subsection (1) only if they have satisfactorily completed the required training, approved by the Central Authority for Canada, for appointment as a designated officer. Appointment of officers from United States a commissioned, warrant or petty officer of the United States Coast Guard; a police officer or other law enforcement officer appointed or employed under the law of the United States or of a state of the United States; or a pilot, co-pilot, observer or other member of the crew of an aircraft that is operated by the United States Coast Guard or a police service, or other law enforcement agency of the United States or of a state of the United States, and that is used to provide aerial support in an integrated cross-border operation. Criteria for appointment An individual may be appointed under subsection (1) only if they have been recommended for appointment by the person designated as the Central Authority for the United States for the application of the Agreement; and they have satisfactorily completed the required training, approved by the Central Authority for Canada, for appointment as a designated officer. Suspension or revocation The Central Authority for Canada may suspend or revoke the appointment of any designated officer. Certificates The Central Authority for Canada may issue a certificate to any designated officer stating that the person to whom it is issued is a designated officer for the purposes of this Act. Evidence of appointment or designation Any document purporting to be a certificate referred to in subsection (1) is evidence in all courts and in all proceedings of the facts stated in it. Recommendation for appointment The Central Authority for Canada may recommend, to the person designated as the Central Authority for the United States for the purposes of implementing the Agreement, that an individual described in paragraph 7(1)(a), (b) or (c) be appointed as a cross-border maritime law enforcement officer in the United States. Powers — designated officer Every designated officer has the same power to enforce an Act of Parliament as a member of the Royal Canadian Mounted Police when participating in an integrated cross-border operation; or engaging in an activity incidental to such an operation, including travel for the purpose of participating in the operation and appearances in court arising from the operation. Persons taken into custody The laws of Canada apply to any person detained or taken into custody within Canada in the course of an integrated cross-border operation. Removal from Canada No person referred to in subsection (1) may be removed from Canada, except in accordance with the laws of Canada. Vessel, etc., seized in Canada The laws of Canada apply to any vessel or other thing seized within Canada in the course of an integrated cross-border operation. Subject to subsection (3), no vessel or other thing referred to in subsection (1) may be removed from Canada, except in accordance with the laws of Canada. Exception A vessel or other thing referred to in subsection (1) may be removed from Canada in situations of operational or geographical necessity, including situations in which before delivering the vessel or thing to the place where it is to be delivered in Canada, designated officers are required to participate in a continuing integrated cross-border operation or respond to an emergency in the waters of the United States; due to poor weather or mechanical difficulties with a vessel operated by designated officers, it is necessary to transit through the waters of the United States in order to reach the nearest port; or the navigable shipping channels between the location in Canada where the vessel or thing was seized and the place where the vessel or thing is to be delivered in Canada pass through the waters of the United States. Vessel, etc., seized in United States A vessel or other thing seized in the United States in the course of an integrated cross-border operation remains in the custody and control of the American designated officer if it is brought into Canada in situations of operational or geographical necessity, including situations in which before delivering the vessel or thing to the place where it is to be delivered in the United States, designated officers are required to participate in a continuing integrated cross-border operation or respond to an emergency in the waters of Canada; due to poor weather or mechanical difficulties with a vessel operated by designated officers, it is necessary to transit through the waters of Canada in order to reach the nearest port; or the navigable shipping channels between the location in the United States where the vessel or thing was seized and the place where the vessel or thing is to be delivered in the United States pass through the waters of Canada. Non-application of certain laws No Act of Parliament relating to the import or export of goods applies to the import or export of a vessel or other thing by a designated officer in the circumstances described in subsection 14(3) or section 15.