R-10

An Act respecting the Royal Canadian Mounted Police

1. This Act may be cited as the Royal Canadian Mounted Police Act.

R.S., c. R-9, s. 1.

2. (1) In this Act,

“appropriate officer” means, in respect of a member, such officer as is designated pursuant to subsection (3);

“child” means a person who is or, in the absence of any evidence to the contrary, appears to be under the age of eighteen years;

“Code of Conduct” means the regulations made pursuant to section 38;

“Commission” means the Royal Canadian Mounted Police Public Complaints Commission established by section 45.29;

“Commission Chairman” means the Chairman of the Commission;

“Commissioner” means the Commissioner of the Royal Canadian Mounted Police;

“Committee” means the Royal Canadian Mounted Police External Review Committee established by section 25;

“Committee Chairman” means the Chairman of the Committee;

“Force” means the Royal Canadian Mounted Police;

“guardian” means, in respect of a child, any person, other than a parent of the child, who is under a legal duty to provide for the child or who has, in law or in fact, the custody or control of the child;

“member” means any person

(a) who has been appointed as an officer or other member of the Force under section 5 or paragraph 6(3)(a) or 7(1)(a), and

(b) who has not been dismissed or discharged from the Force as provided in this Act, the regulations or the Commissioner’s standing orders;

“Minister” means the Minister of Public Safety and Emergency Preparedness;

“officer” means a member appointed by the Governor in Council pursuant to section 5 or paragraph 6(3)(a);

“representative” means a member who is representing or assisting another member pursuant to section 47.1.

(2) The rules made by the Commissioner under any provision of this Act empowering the Commissioner to make rules shall be known as Commissioner’s standing orders.

(3) The Commissioner may, by rule, designate an officer to be the appropriate officer in respect of a member either for the purposes of this Act generally or for the purposes of any provision thereof in particular.

R.S., 1985, c. R-10, s. 2; R.S., 1985, c. 8 (2nd Supp.), s. 1; 2005, c. 10, s. 34.

3. There shall continue to be a police force for Canada, which shall consist of officers and other members and be known as the Royal Canadian Mounted Police.

R.S., c. R-9, s. 3.

4. The Force may be employed in such places within or outside Canada as the Governor in Council prescribes.

R.S., c. R-9, s. 4.

5. (1) The Governor in Council may appoint an officer, to be known as the Commissioner of the Royal Canadian Mounted Police, who, under the direction of the Minister, has the control and management of the Force and all matters connected therewith.

(2) The Commissioner may delegate to any member any of the Commissioner’s powers, duties or functions under this Act, except the power to delegate under this subsection, the power to make rules under this Act and the powers, duties or functions under section 32 (in relation to any type of grievance prescribed pursuant to subsection 33(4)), subsections 42(4) and 43(1), section 45.16, subsection 45.19(5), section 45.26 and subsections 45.46(1) and (2).

R.S., 1985, c. R-10, s. 5; R.S., 1985, c. 8 (2nd Supp.), s. 2.

6. (1) The officers of the Force, in addition to the Commissioner, shall consist of

(a) Deputy Commissioners,

(b) Assistant Commissioners,

(c) Chief Superintendents,

(d) Superintendents,

(e) Inspectors,

(f) [Repealed, R.S., 1985, c. 8 (2nd Supp.), s. 3]

and such other ranks as are prescribed by the Governor in Council.

(2) The maximum number of officers in each rank shall be as prescribed by the Treasury Board.

(3) The Governor in Council may

(a) appoint any person to the rank of an officer;

(b) authorize the issue of a commission under the Great Seal to an officer on the officer’s first appointment to the rank of an officer;

(c) by way of promotion appoint an officer to a higher rank; and

(d) by way of demotion appoint an officer to a lower rank.

R.S., 1985, c. R-10, s. 6; R.S., 1985, c. 8 (2nd Supp.), ss. 3, 24(E).

7. (1) The Commissioner may

(a) appoint members of the Force other than officers;

(b) by way of promotion appoint a member other than an officer to a higher rank or level for which there is a vacancy in the establishment of the Force;

(c) where the Commissioner is requested by any department of the Government of Canada or considers it necessary or in the public interest, appoint for a period not exceeding twelve months at any one time special constables supernumerary to the strength of the Force for the purpose of maintaining law and order; and

(d) designate any member, any supernumerary special constable appointed under this subsection or any temporary employee employed under subsection 10(2) as a peace officer.

(2) The ranks and levels of members other than officers and the maximum numbers of persons that may be appointed to each rank and level shall be as prescribed by the Treasury Board.

(3) The Commissioner may at any time revoke the appointment of any supernumerary special constable appointed under subsection (1).

(4) The Commissioner may issue

(a) a certificate to any member stating that the person to whom it is issued is a member of the Force and, if that person is also a peace officer, that the person is such an officer; and

(b) a certificate to any other person appointed or employed under the authority of this Act stating that the person to whom it is issued is a peace officer, if that person has been designated as such under subsection (1).

(5) Any document purporting to be a certificate referred to in subsection (4) is evidence in all courts and in all proceedings of the facts stated therein.

R.S., 1985, c. R-10, s. 7; R.S., 1985, c. 8 (2nd Supp.), s. 4, c. 1 (4th Supp.), s. 45(F).

8. Supernumerary special constables shall serve without pay and are not entitled to any pecuniary privileges or benefits under this Act.

R.S., 1985, c. R-10, s. 8; R.S., 1985, c. 8 (2nd Supp.), s. 4, c. 1 (4th Supp.), s. 45(F).

9. Every officer and every person designated as a peace officer under subsection 7(1) is a peace officer in every part of Canada and has all the powers, authority, protection and privileges that a peace officer has by law until the officer or person is dismissed or discharged from the Force as provided in this Act, the regulations or the Commissioner’s standing orders or until the appointment of the officer or person expires or is revoked.

R.S., 1985, c. R-10, s. 9; R.S., 1985, c. 8 (2nd Supp.), s. 4.

9.1 (1) Subject to subsection (2), no person shall be appointed to be a member unless that person is a Canadian citizen, is of good character and has the necessary physical qualities and, in the case of a member other than an officer, that person meets such other qualifications for appointment to the Force as the Commissioner may, by rule, prescribe.

(2) When no person who meets the qualifications described in subsection (1) is available for appointment as a member, any person who is not a Canadian citizen but meets the other qualifications described in that subsection that are applicable to that person may be appointed to be a member.

R.S., 1985, c. 8 (2nd Supp.), s. 4.

10. (1) Subject to subsection (2), the civilian employees that are necessary for carrying out the functions and duties of the Force shall be appointed or employed under the Public Service Employment Act.

(2) The Commissioner may employ such number of temporary civilian employees at such remuneration and on such other terms and conditions as are prescribed by the Treasury Board, and may at any time dismiss or discharge any such employee.

(3) [Repealed, R.S., 1985, c. 8 (2nd Supp.), s. 5]

R.S., 1985, c. R-10, s. 10; R.S., 1985, c. 8 (2nd Supp.), s. 5.

11. (1) The Governor in Council may make regulations providing for the establishment of a Royal Canadian Mounted Police Reserve, for the appointment of members and officers thereof and for defining their powers, duties and functions.

(2) Except as provided by the regulations made under subsection (1), this Part does not apply to members of the Royal Canadian Mounted Police Reserve.

R.S., c. R-9, s. 12.

12. (1) Officers of the Force hold office during the pleasure of the Governor in Council.

(2) No member other than an officer may be dismissed or discharged from the Force except as provided in this Act, the regulations or the Commissioner’s standing orders.

R.S., 1985, c. R-10, s. 12; R.S., 1985, c. 8 (2nd Supp.), s. 6.

12.1 Every member who has contravened, is found contravening or is suspected of contravening the Code of Conduct or an Act of Parliament or of the legislature of a province may be suspended from duty by the Commissioner.

R.S., 1985, c. 8 (2nd Supp.), s. 7.

13. The headquarters of the Force and the offices of the Commissioner shall be at Ottawa.

R.S., c. R-9, s. 14.

14. (1) Every member shall, before entering on the duties of the member’s office, take the oath of allegiance and the oaths set out in the schedule.

(2) The oaths prescribed by subsection (1), and any other oath or declaration that may be necessary or required, may be taken by the Commissioner before any judge, provincial court judge or justice of the peace having jurisdiction in any part of Canada, and by any other member before the Commissioner or any officer or person having authority to administer oaths or take and receive affidavits.

R.S., 1985, c. R-10, s. 14; R.S., 1985, c. 27 (1st Supp.), s. 203, c. 8 (2nd Supp.), s. 8.

15. (1) In the event that the Commissioner is absent or unable to act or the office is vacant, the senior Deputy Commissioner at the headquarters of the Force has, for the time being, the control and management of the Force and all matters connected therewith, and for such purposes the senior Deputy Commissioner may exercise all the powers of the Commissioner under this Act or any other Act.

(2) In the event that the Commissioner and all the Deputy Commissioners are absent or unable to act or the offices are vacant, the senior Assistant Commissioner at the headquarters of the Force has, for the time being, the control and management of the Force and all matters connected therewith, and for such purposes the senior Assistant Commissioner may exercise all of the powers of the Commissioner under this Act or any other Act.

R.S., c. R-9, s. 16.

16. [Repealed, R.S., 1985, c. 8 (2nd Supp.), s. 9]

17. [Repealed, R.S., 1985, c. 8 (2nd Supp.), s. 10]

18. It is the duty of members who are peace officers, subject to the orders of the Commissioner,

(a) to perform all duties that are assigned to peace officers in relation to the preservation of the peace, the prevention of crime and of offences against the laws of Canada and the laws in force in any province in which they may be employed, and the apprehension of criminals and offenders and others who may be lawfully taken into custody;

(b) to execute all warrants, and perform all duties and services in relation thereto, that may, under this Act or the laws of Canada or the laws in force in any province, be lawfully executed and performed by peace officers;

(c) to perform all duties that may be lawfully performed by peace officers in relation to the escort and conveyance of convicts and other persons in custody to or from any courts, places of punishment or confinement, asylums or other places; and

(d) to perform such other duties and functions as are prescribed by the Governor in Council or the Commissioner.

R.S., c. R-9, s. 18.

19. [Repealed, R.S., 1985, c. 8 (2nd Supp.), s. 11]

20. (1) The Minister may, with the approval of the Governor in Council, enter into an arrangement with the government of any province for the use or employment of the Force, or any portion thereof, in aiding the administration of justice in the province and in carrying into effect the laws in force therein.

(2) The Minister may, with the approval of the Governor in Council and the lieutenant governor in council of any province, enter into an arrangement with any municipality in the province for the use or employment of the Force, or any portion thereof, in aiding the administration of justice in the municipality and in carrying into effect the laws in force therein.

(3) The Minister may, with the approval of the Treasury Board, in any arrangement made under subsection (1) or (2), agree on and determine the amount of money to be paid by the province or municipality for the services of the Force.

(4) There may be included in any arrangement made under subsection (1) or (2) provision for the taking over by the Force of officers and other members of any provincial or municipal police force.

(5) The Minister shall cause to be laid before Parliament a copy of every arrangement made under subsection (1) or (2) within fifteen days after it is made or, if Parliament is not then sitting, on any of the first fifteen days next thereafter that either House of Parliament is sitting.

R.S., c. R-9, s. 20.

21. (1) The Governor in Council may make regulations

(a) respecting the administrative discharge of members;

(b) for the organization, training, conduct, performance of duties, discipline, efficiency, administration or good government of the Force; and

(c) generally, for carrying the purposes and provisions of this Act into effect.

(2) Subject to this Act and the regulations, the Commissioner may make rules

(a) respecting the administrative discharge of members; and

(b) for the organization, training, conduct, performance of duties, discipline, efficiency, administration or good government of the Force.

R.S., 1985, c. R-10, s. 21; R.S., 1985, c. 8 (2nd Supp.), s. 12.

22. (1) The Treasury Board shall establish the pay and allowances to be paid to members.

(1.1) Where, pursuant to this Act, a member is demoted, the rate of pay of that member shall be reduced to the highest rate of pay for the rank or level to which the member is demoted that does not exceed the member’s rate of pay at the time of the demotion.

(2) No pay or allowances shall be paid to any member in respect of any period during which the member is serving a sentence of imprisonment.

(3) The Treasury Board may make regulations respecting the stoppage of pay and allowances of members who are suspended from duty.

R.S., 1985, c. R-10, s. 22; R.S., 1985, c. 8 (2nd Supp.), s. 13.

23. (1) All

(a) fees, costs, remuneration or commissions, other than pay and allowances under section 22, and

(b) gifts, awards and bequests, if money or converted into money, other than gifts or rewards under subsection (3),

earned by or awarded, paid or granted to any member in connection with the performance of the member’s duties in the Force shall be paid to the Benefit Trust Fund maintained by the Force, unless the Minister directs otherwise.

(2) Notwithstanding any other Act, all pay forfeited under this Act and the proceeds of all forfeitures and seizures awarded or adjudged to any member in connection with the performance of the member’s duties in the Force shall be paid to the Benefit Trust Fund maintained by the Force.

(3) The money paid to the Benefit Trust Fund pursuant to this section shall be used

(a) for the benefit of members and former members and their dependants;

(b) as a reward, grant or compensation to any person who assists the Force in the performance of its duties in any case where the Minister is of the opinion that the person is deserving of recognition for the service rendered;

(c) as a reward to any person appointed or employed under the authority of this Act for good conduct or meritorious service; and

(d) for such other objects for the benefit of the Force as the Minister may direct.

(4) The Governor in Council may make regulations governing the management and disposition by loan, grant or otherwise of any money paid to the Benefit Trust Fund pursuant to this section.

R.S., 1985, c. R-10, s. 23; R.S., 1985, c. 8 (2nd Supp.), s. 14.

24. Where it appears to the Commissioner

(a) that any personal property that has, in Yukon, the Northwest Territories or Nunavut, come into the hands of any member in the course of the member's duties has been abandoned by the owner of it or the person entitled to it, or

(b) that a reasonable attempt has been made to find the owner of or person entitled to any personal property that has, in Yukon, the Northwest Territories or Nunavut, come into the hands of any member in the course of the member's duties, but the owner or person cannot be found,

the Commissioner may make such disposition of the property as the Commissioner in the circumstances deems fit, but the proceeds, if any, from the sale or other disposition of the property, and any such property consisting of money, shall be paid into the Consolidated Revenue Fund.

R.S., 1985, c. R-10, s. 24; R.S., 1985, c. 8 (2nd Supp.), s. 24(E); 1993, c. 28, s. 78; 2002, c. 7, s. 235(E).

24.1 (1) The Minister or the Commissioner may appoint such persons as the Minister or Commissioner considers appropriate as a board of inquiry to investigate and report on any matter connected with the organization, training, conduct, performance of duties, discipline, efficiency, administration or government of the Force or affecting any member or other person appointed or employed under the authority of this Act.

(2) Where the Minister or the Commissioner appoints a board of inquiry under subsection (1), the Minister or Commissioner shall specify in writing the matter that the board is to investigate and report on.

(3) A board of inquiry has, in relation to the matter before it, power

(a) to summon any person before the board and to require that person to give oral or written evidence on oath and to produce such documents and things under that person’s control as the board deems requisite to the full investigation and consideration of that matter;

(b) to administer oaths;

(c) to receive and accept on oath or by affidavit such evidence and other information as the board sees fit, whether or not such evidence or information is or would be admissible in a court of law; and

(d) to make such examination of records and such inquiries as the board deems necessary.

(4) Any person whose conduct or affairs are being investigated by a board of inquiry or who satisfies a board of inquiry that the person has a substantial and direct interest in the matter before the board shall be afforded a full and ample opportunity, in person or by counsel or a representative, to present evidence, to cross-examine witnesses and to make representations before the board.

(5) A board of inquiry shall permit any person who gives evidence in the investigation by the board to be represented by counsel or a representative.

(6) Notwithstanding subsection (3), a board of inquiry may not receive or accept in an investigation

(a) subject to subsection (7), any evidence or other information that would be inadmissible in a court of law by reason of any privilege under the law of evidence;

(b) any answer or statement made in response to a question described in subsection 35(8), 40(2), 45.1(11), 45.22(8) or 45.45(9);

(c) any answer or statement made in response to a question described in subsection (7) before any other board of inquiry appointed under this section; or

(d) any answer or statement made in the course of attempting to dispose of a complaint under section 45.36.

(7) In an investigation by a board of inquiry, no witness shall be excused from answering any question relating to the matter before the board when required to do so by the board on the ground that the answer to the question may tend to criminate the witness or subject the witness to any proceeding or penalty.

(8) Where the witness is a member, no answer or statement made in response to a question described in subsection (7) shall be used or receivable against the witness in any hearing under section 45.1 into an allegation of contravention of the Code of Conduct by the witness, other than a hearing into an allegation that with intent to mislead the witness gave the answer or statement knowing it to be false.

(9) Unless the Minister or the Commissioner directs otherwise, an investigation and any hearing by a board of inquiry appointed by the Minister or Commissioner, as the case may be, shall be conducted in private.

(10) Notwithstanding subsection (9),

(a) while a child is testifying in an investigation or at a hearing by a board of inquiry, the child’s parent or guardian may be present; and

(b) when authorized by a board of inquiry, a member may attend a hearing before the board as an observer for the purpose of familiarizing the member with procedures under this section.

(11) Any document or thing produced pursuant to this section to a board of inquiry shall, on the request of the person producing the document or thing, be released to that person within a reasonable time after completion of the board’s investigation and report.

R.S., 1985, c. 8 (2nd Supp.), s. 15.

25. (1) There is hereby established a committee, to be known as the Royal Canadian Mounted Police External Review Committee, consisting of a Chairman, a Vice-Chairman and not more than three other members, to be appointed by order of the Governor in Council.

(2) The Committee Chairman is a full-time member of the Committee and the other members may be appointed as full-time or part-time members of the Committee.

(3) Each member of the Committee shall be appointed to hold office during good behaviour for a term not exceeding five years but may be removed for cause at any time by order of the Governor in Council.

(4) A member of the Committee is eligible for re-appointment on the expiration of the member’s term of office.

(5) No member of the Force is eligible to be appointed or to continue as a member of the Committee.

(6) Each full-time member of the Committee is entitled to be paid such salary in connection with the work of the Committee as may be approved by order of the Governor in Council.

(7) Each part-time member of the Committee is entitled to be paid such fees in connection with the work of the Committee as may be approved by order of the Governor in Council.

(8) Each member of the Committee is entitled to be paid reasonable travel and living expenses incurred by the member while absent from the member’s ordinary place of residence in connection with the work of the Committee.

(9) The full-time members of the Committee are deemed to be employed in the public service for the purposes of the Public Service Superannuation Act and to be employed in the federal public administration for the purposes of the Government Employees Compensation Act and any regulations made under section 9 of the Aeronautics Act.

R.S., 1985, c. R-10, s. 25; R.S., 1985, c. 8 (2nd Supp.), s. 16; 2003, c. 22, s. 216(E).

26. (1) The Committee Chairman is the chief executive officer of the Committee and has supervision over and direction of the work and staff of the Committee.

(2) In the event of the absence or incapacity of the Committee Chairman or if the office of Committee Chairman is vacant, the Minister may authorize the Vice-Chairman to exercise the powers and perform the duties and functions of the Committee Chairman.

(3) The Committee Chairman may delegate to the Vice-Chairman any of the Committee Chairman’s powers, duties or functions under this Act, except the power to delegate under this subsection and the duty under section 30.

R.S., 1985, c. R-10, s. 26; R.S., 1985, c. 8 (2nd Supp.), s. 16.

27. (1) The head office of the Committee shall be at such place in Canada as the Governor in Council may, by order, designate.

(2) Such officers and employees as are necessary for the proper conduct of the work of the Committee shall be appointed in accordance with the Public Service Employment Act.

(3) The Committee may, with the approval of the Treasury Board,

(a) engage on a temporary basis the services of persons having technical or specialized knowledge of any matter relating to the work of the Committee to advise and assist the Committee in the exercise or performance of its powers, duties and functions under this Act; and

(b) fix and pay the remuneration and expenses of persons engaged pursuant to paragraph (a).

R.S., 1985, c. R-10, s. 27; R.S., 1985, c. 8 (2nd Supp.), s. 16.

28. (1) The Committee shall carry out such functions and duties as are assigned to it by this Act.

(2) The Committee Chairman shall carry out such functions and duties as are assigned to the Committee Chairman by this Act.

R.S., 1985, c. R-10, s. 28; R.S., 1985, c. 8 (2nd Supp.), s. 16.

29. Subject to this Act, the Committee may make rules respecting

(a) the sittings of the Committee;

(b) the manner of dealing with matters and business before the Committee generally, including the practice and procedure before the Committee;

(c) the apportionment of the work of the Committee among its members and the assignment of members to review grievances or cases referred to the Committee; and

(d) the performance of the duties and functions of the Committee under this Act generally.

R.S., 1985, c. R-10, s. 29; R.S., 1985, c. 8 (2nd Supp.), s. 16.

30. The Committee Chairman shall, within three months after the end of each fiscal year, submit to the Minister a report of the activities of the Committee during that year and its recommendations, if any, and the Minister shall cause a copy of the report to be laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the day the Minister receives it.

R.S., 1985, c. R-10, s. 30; R.S., 1985, c. 8 (2nd Supp.), s. 16.