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R.S.C., 1985, c. R-10 - Table of Contents

R.S.C., 1985, c. R-10

Royal Canadian Mounted Police Act (R.S.C., 1985, c. R-10)

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Act current to 2022-02-08 and last amended on 2019-07-12. Previous Versions

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Royal Canadian Mounted Police Act

R.S.C., 1985, c. R-10

An Act respecting the Royal Canadian Mounted Police

Short Title

Marginal note:Short title

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

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

Interpretation

Marginal note:Definitions

2 (1) In this Act,

appropriate officer[Repealed, 2013, c. 18, s. 2]

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; (enfant)

Code of Conduct means the regulations made pursuant to section 38; (code de déontologie)

Commission means the Civilian Review and Complaints Commission for the Royal Canadian Mounted Police established by subsection 45.29(1); (Commission)

Commission Chairman[Repealed, 2013, c. 18, s. 2]

Commissioner means the Commissioner of the Royal Canadian Mounted Police; (commissaire)

Committee means the Royal Canadian Mounted Police External Review Committee established by section 25; (Comité)

Committee Chairman[Repealed, 2013, c. 18, s. 2]

conduct authority, in respect of a member, means a person designated under subsection (3) in respect of the member; (autorité disciplinaire)

Force means the Royal Canadian Mounted Police; (Gendarmerie)

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; (tuteur)

member means any person who has been appointed under section 5 or subsection 6(3) or (4) or 7(1) and who is employed with the Force; (membre)

Minister means the Minister of Public Safety and Emergency Preparedness; (ministre)

officer means a member appointed under section 5 or subsection 6(3) or (4); (officier)

proceedings, in relation to the Commission, means any investigation or hearing conducted by the Commission with respect to a complaint made under Part VII or VII.2. (procédure)

representative means a person who is representing or assisting a member or a conduct authority under section 47.1. (représentant)

Marginal note:Commissioner’s standing orders

(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.

Marginal note:Designation

(3) The Commissioner may designate any person to be a conduct authority in respect of a member either for the purposes of this Act generally or for the purposes of any particular provision of this Act.

R.S., 1985, c. R-10, s. 2

R.S., 1985, c. 8 (2nd Supp.), s. 1

2005, c. 10, s. 34

2013, c. 18, ss. 2, 79

Previous Version

PART IConstitution and Organization

Composition of Force

Marginal note:Police Force for Canada

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

Marginal note:Employment of Force

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

Commissioner

Marginal note:Appointment

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

Marginal note:Delegation

(2) The Commissioner may delegate to any member, subject to any terms and conditions that the Commissioner directs, 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 subsections 45.4(5) and 45.41(10).

R.S., 1985, c. R-10, s. 5

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

2013, c. 18, ss. 3, 77

Previous Version

Officers and Members

Marginal note:Other officers

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

(a) Deputy Commissioners,

(b) Assistant Commissioners,

(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.

Marginal note:Maximum number

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

Marginal note:Appointment of Deputy Commissioners

(3) The Governor in Council may appoint any person to the rank of Deputy Commissioner to hold office during pleasure.

Marginal note:Appointment of other officers

(4) The Commissioner may appoint any person to any other rank of officer and, by way of promotion, appoint an officer to a higher rank, other than to the rank of Deputy Commissioner.

Marginal note:Commissions

(5) The Governor in Council may 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 or on the recommendation of the Commissioner.

R.S., 1985, c. R-10, s. 6

R.S., 1985, c. 8 (2nd Supp.), ss. 3, 24(E)

2013, c. 18, s. 5

Previous Version

Marginal note:Commanding Officers

6.1 (1) The Governor in Council may, in respect of each Division of the Force, on the recommendation of the Minister, designate an officer to be the Division’s Commanding Officer to hold office during pleasure.

Marginal note:Recommendation

(2) The Minister’s recommendation is to be made on the recommendation of the Commissioner.

Marginal note:Absence or incapacity

(3) In the event of the absence or incapacity of a Commanding Officer or if a position of Commanding Officer is vacant, the Commissioner may authorize another officer to act as the Commanding Officer, but no officer may act as the Commanding Officer for more than 180 days without the Governor in Council’s approval.

Marginal note:Termination of designation

(4) An officer who holds office as a Commanding Officer ceases to hold that office if the officer ceases to be an officer but nothing in this subsection precludes the termination of the officer’s designation for any other reason.

2013, c. 18, s. 7

Marginal note:Appointment and designation

7 (1) The Commissioner may appoint members of the Force other than officers and, by way of promotion, appoint a member other than an officer to a higher rank, other than to the rank of Deputy Commissioner, or to a higher level, for which there is a vacancy.

Marginal note:Ranks and levels

(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) to (5) [Repealed, 2013, c. 18, s. 8]

R.S., 1985, c. R-10, s. 7

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

2013, c. 18, s. 8

Previous Version

Marginal note:Duration of appointment

8 (1) The term of a member’s appointment under subsection 6(4) or 7(1) is indeterminate unless the Commissioner specifies that it is for a fixed period.

Marginal note:Expiry of fixed period

(2) A member whose appointment is for a fixed period ceases to be a member at the expiry of that period or of any extension made under subsection (3).

Marginal note:Extension

(3) The Commissioner may extend the period of the term of a member whose appointment is for a fixed period. The extension does not constitute an appointment under subsection 6(4) or 7(1).

R.S., 1985, c. R-10, s. 8

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

2013, c. 18, s. 9

Previous Version

9 [Repealed, 2013, c. 18, s. 9]

Previous Version

Qualifications

Marginal note:Qualifications

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.

Marginal note:Exception

(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

Revocation

Marginal note:Revocation of appointment

9.2 The Commissioner’s power to appoint a person as a member or to appoint a member, by way of promotion, to a higher rank or level, includes the power to revoke the appointment and to take corrective action whenever the Commissioner is satisfied that an error, an omission or improper conduct affected the selection of the person or member for appointment.

2013, c. 18, s. 10

Probation

Marginal note:Probationary period

9.3 (1) A person appointed as a member is on probation for a period established by rules of the Commissioner.

Marginal note:Clarification

(2) A member’s probationary period is not terminated by any appointment, demotion or transfer from one position to another during that period.

2013, c. 18, s. 10

Marginal note:Discharge

9.4 (1) While a member is on probation, the Commissioner may discharge the member by notifying the member that the member will be discharged at the end of the notice period established by rules of the Commissioner. The member ceases to be a member at the end of that notice period.

Marginal note:Compensation in lieu of notice

(2) Instead of giving the notice referred to in subsection (1), the Commissioner may notify the member that the member is discharged on the date specified by the Commissioner and that the member will be paid an amount equal to the salary the member would have been paid during the notice period referred to in subsection (1). The member ceases to be a member at that specified date.

2013, c. 18, s. 10

Resignation

Marginal note:Resignation

9.5 A member may resign from the Force by giving the Commissioner notice in writing of their intention to resign, and the member ceases to be a member on the date specified by the Commissioner in writing on accepting the resignation.

2013, c. 18, s. 10

Supernumerary Special Constables

Marginal note:Appointment

9.6 (1) The Commissioner may, on the request of any department as defined in section 2 of the Financial Administration Act or if he or she considers it necessary or in the public interest, appoint, for periods of not more than 12 months, special constables supernumerary to the strength of the Force for the purpose of maintaining law and order.

Marginal note:Revocation of appointment

(2) The Commissioner may at any time revoke the appointment of any supernumerary special constable.

Marginal note:No entitlement to pecuniary privileges or benefits

(3) Supernumerary special constables are not entitled to any pecuniary privileges or benefits under this Act.

2013, c. 18, s. 10

Civilian Staff

Marginal note:Appointment or employment

10 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.

R.S., 1985, c. R-10, s. 10

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

2013, c. 18, s. 11

Previous Version

Reserve

Marginal note:Establishment

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

Marginal note:Application of this Act to Reserve

(2) Except as provided by the regulations made under subsection (1), this Act does not apply to reservists.

Marginal note:Royal Canadian Mounted Police Superannuation Act

(3) Despite subsection 3(3) of the Royal Canadian Mounted Police Superannuation Act, for the purposes of that Act, the Public Service Superannuation Act and the Canadian Forces Superannuation Act, a reservist is not deemed to be employed in the public service, as defined in subsection 3(1) of the Royal Canadian Mounted Police Superannuation Act.

R.S., 1985, c. R-10, s. 11

2013, c. 18, s. 11

Previous Version

Peace Officers

Marginal note:Officers

11.1 (1) Every officer 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 ceases to be an officer.

Marginal note:Designation of others as peace officers

(2) The Commissioner may designate any member, other than an officer, any supernumerary special constable appointed under subsection 9.6(1), any person appointed as a reservist under the regulations and any other person who is under the Commissioner’s jurisdiction as a peace officer.

Marginal note:Powers, authority, etc.

(3) Every person designated under subsection (2) has the same powers, authority, protection and privileges as officers under subsection (1) until the person’s designation expires or is revoked or the designated person ceases to be a member, supernumerary special constable or reservist, or a person under the Commissioner’s jurisdiction, as the case may be.

2013, c. 18, s. 11

Certificates

Marginal note:Certificates

11.2 (1) 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 a peace officer; and

(b) a certificate to any other person under the Commissioner’s jurisdiction stating that the person to whom it is issued is a peace officer, if that person has been designated as such under subsection 11.1(2).

Marginal note:Evidence of appointment or designation

(2) Any document purporting to be a certif-icate referred to in subsection (1) is evidence in all courts and in all proceedings of the facts stated in it.

2013, c. 18, s. 11

Suspension

Marginal note:Suspension

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

R.S., 1985, c. R-10, s. 12

R.S., 1985, c. 8 (2nd Supp.), s. 6

2013, c. 18, s. 11

Previous Version

12.1 [Repealed, 2013, c. 18, s. 11]

Previous Version

Headquarters

Marginal note:Headquarters

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

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

Oaths

Marginal note:Oaths

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.

Marginal note:Authority to administer

(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

Absence of Commissioner

Marginal note:Authority where Commissioner absent

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.

Marginal note:Authority where Commissioner and Deputy Commissioners absent

(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]

Duties

Marginal note:Duties

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]

Marginal note:Arrangements with provinces

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.

Marginal note:Arrangements with municipalities

(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.

Marginal note:Payment for services

(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.

Marginal note:Taking over other police forces

(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.

Marginal note:Report to Parliament

(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

Human Resource Management

Marginal note:Treasury Board’s powers

20.1 In addition to its powers under section 11.1 of the Financial Administration Act, the Treasury Board may, in the exercise of its human resources management responsibilities under paragraph 7(1)(e) of that Act,

(a) determine categories of members; and

(b) establish policies or issue directives respecting the exercise of the powers granted to the Commissioner by paragraphs 20.2(1)(h) and (i) and the reporting by the Commissioner in respect of the exercise of those powers.

2013, c. 18, ss. 12, 13

Previous Version

Marginal note:Commissioner’s powers

20.2 (1) The Commissioner may

(a) determine the learning, training and development requirements of members and fix the terms on which the learning, training and development may be carried out;

(b) provide for the awards to be made to members for outstanding performance of their duties, for other meritorious achievement in relation to their duties or for inventions or practical suggestions for improvements;

(c) require a member to undergo a medical examination or an assessment by a qualified person specified by the Commissioner for the purpose of establishing the member’s ability to perform their duties or to participate in conduct related proceedings, other than a hearing initiated under subsection 41(1);

(d) recommend the discharge of any Deputy Commissioner whose performance, in the opinion of the Commissioner, is unsatisfactory;

(e) discharge or demote any member, other than a Deputy Commissioner, whose performance, in the Commissioner’s opinion, is unsatisfactory;

(f) recommend the discharge of any Deputy Commissioner for reasons other than a contravention of any provision of the Code of Conduct;

(g) discharge or demote any member, other than a Deputy Commissioner, for reasons other than a contravention of any provision of the Code of Conduct;

(h) recommend the discharge of any Deputy Commissioner to whom an offer of employment is made as the result of the transfer of any work, undertaking or business from the Force to any other entity;

(i) discharge any member, other than a Deputy Commissioner, to whom an offer of employment is made as the result of the transfer of any work, undertaking or business from the Force to any other entity;

(j) recommend the discharge of any Deputy Commissioner for the promotion of economy and efficiency in the Force;

(k) discharge any member, other than a Deputy Commissioner, for the promotion of economy and efficiency in the Force; and

(l) establish procedures to investigate and resolve disputes relating to alleged harassment by a member.

Marginal note:For cause

(2) The recommendation for discharge under paragraph (1)(d) or (f), and the discharge or demotion under paragraph (1)(e) or (g), of a member may only be for cause.

Marginal note:Delegation

(3) Despite subsection 5(2), the Commissioner may delegate to any person under the Commissioner’s jurisdiction, subject to any terms and conditions that the Commissioner directs, any of the Commissioner’s powers under subsection (1).

Marginal note:Sub-delegation

(4) Any person to whom powers are delegated under subsection (3) may, subject to and in accordance with the delegation, sub-delegate any of those powers to any other person under the Commissioner’s jurisdiction.

2013, c. 18, s. 13

Regulations and Rules

Marginal note:Regulations

21 (1) The Governor in Council may make regulations

(a) respecting the exercise of the Commissioner’s powers under any of paragraphs 20.2(1)(a) to (g) and (j) to (l);

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

(b.1) respecting the qualifications of persons who are not under the Commissioner’s jurisdiction who may be designated under subsection 2(3) and the circumstances under which they may be designated;

(b.2) respecting the appointment of persons to conduct boards established under section 43 and the qualification of the persons who may be appointed;

(b.3) respecting the period during which records relating to investigations and proceedings under Part IV are to be retained;

(b.4) respecting the service of documents required or authorized to be served under this Act including the manner and proof of service and the circumstances under which documents are to be considered to be served; and

Marginal note:Rules

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

(a) prescribing a probationary period for the purposes of subsection 9.3(1);

(b) respecting the decision to discharge a member under section 9.4 and the making of a complaint procedure in relation to the decision;

(d) respecting the Commissioner’s authority under subsection 22(2) to direct the stoppage of pay and allowances of members;

(e) respecting the application of any of paragraphs 20.2(1)(a), (b), (c) and (l);

(f) respecting the making of a decision to recommend the discharge of a Deputy Commissioner under any of paragraphs 20.2(1)(d), (f) and (j);

(g) respecting the making of a decision to discharge or demote a member under any of paragraphs 20.2(1)(e), (g) and (k);

(h) defining standardized test for the purposes of subsection 31(4.1);

(i) respecting the performance by members of their duties;

(j) establishing basic requirements for the carrying on of a member’s duties as a member;

(k) respecting the conduct of members;

(l) respecting the designation of persons to be conduct authorities; and

(m) respecting the organization, efficiency or administration or good government of the Force.

R.S., 1985, c. R-10, s. 21

R.S., 1985, c. 8 (2nd Supp.), s. 12

2013, c. 18, s. 14

Previous Version

Pay and Allowances

Marginal note:Pay and allowances

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

Marginal note:Reduction in pay where demotion

(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.

Marginal note:Stoppage of pay and allowances

(2) The Commissioner may direct that a member’s pay and allowances be stopped if

(a) the Commissioner is of the opinion that the member

(i) is unable to perform their duties as the result of the loss of a basic requirement, as set out in the rules, for the carrying out of a member’s duties,

(ii) is absent from duty without authorization, or

(iii) has left any assigned duty without authorization;

(b) the Commissioner has suspended the member from duty under section 12; or

(c) the member is a Deputy Commissioner who is the subject of a recommendation made under paragraph 20.2(1)(d), (f), (h) or (j).

Marginal note:Imprisonment

(3) For the purpose of paragraph (2)(a), being absent from duty without authorization includes being detained in custody or serving a period of imprisonment.

R.S., 1985, c. R-10, s. 22

R.S., 1985, c. 8 (2nd Supp.), s. 13

2013, c. 18, s. 15

Previous Version

Benefit Trust Fund

Marginal note:Fees, gifts, etc., payable to Fund

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.

Marginal note:Pay, forfeitures payable to Fund

(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.

Marginal note:Purpose of Benefit Trust Fund

(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.

Marginal note:Regulations

(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

Disposition of Property

Marginal note:Abandoned or lost property

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)

Previous Version

Boards of Inquiry

Marginal note:Board of Inquiry

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.

Marginal note:Clarification

(1.1) For greater certainty, the power to appoint under subsection (1) includes the power to appoint all or any of the members of the Commission.

Marginal note:Matter to be investigated

(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.

Marginal note:Powers of board of inquiry

(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.

Marginal note:Rights of persons interested

(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.

Marginal note:Representation of witnesses

(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.

Marginal note:Restriction

(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(5) or 45.65(2);

(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 informally dispose of or resolve a complaint made under Part VII or VII.2.

Marginal note:Witness not excused from testifying

(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.

Marginal note:Answer not receivable

(8) If 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 under any proceeding under Part IV, other than a proceeding regarding an allegation that with intent to mislead the witness gave the answer or statement knowing it to be false.

Marginal note:Investigation and hearing in private

(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.

Marginal note:Exception

(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.

Marginal note:Return of documents, etc.

(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

2013, c. 18, ss. 16, 77, 80

Previous Version

PART IIRoyal Canadian Mounted Police External Review Committee

Establishment and Organization of Committee

Marginal note:Committee established

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

Marginal note:Full- or part-time

(2) The Committee Chairperson 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.

Marginal note:Tenure of office

(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.

Marginal note:Re-appointment

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

Marginal note:Eligibility

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

Marginal note:Salary of full-time members

(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.

Marginal note:Fees of part-time members

(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.

Marginal note:Expenses

(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.

Marginal note:Benefits of full-time members

(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)

2013, c. 18, s. 41(E)

Previous Version

Marginal note:Committee Chairperson

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

Marginal note:Absence or incapacity

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

Marginal note:Delegation

(3) The Committee Chairperson may delegate to the Vice-chairperson any of the Committee Chairperson’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

2013, c. 18, s. 41(E)

Previous Version

Marginal note:Head office

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

Marginal note:Staff

(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.

Marginal note:Idem

(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

Duties

Marginal note:Duties of Committee

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

Marginal note:Duties of Committee Chairperson

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

R.S., 1985, c. R-10, s. 28

R.S., 1985, c. 8 (2nd Supp.), s. 16

2013, c. 18, s. 41(E)

Previous Version

Marginal note:Service standards respecting time limits

28.1 The Committee shall establish, and make public, service standards respecting the time limits within which it is to deal with grievances and appeal cases that are referred to it and specifying the circumstances under which those time limits do not apply or the circumstances under which they may be extended.

2013, c. 18, s. 17

Rules

Marginal note:Rules

29 Subject to the provisions of this Act and the regulations, 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

2013, c. 18, s. 18

Previous Version

Annual Report

Marginal note:Annual report

30 (1) The Committee Chairperson 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.

Marginal note:Performance in relation to time limits

(2) The report must contain information respecting the Committee’s performance in relation to the service standards established under section 28.1.

R.S., 1985, c. R-10, s. 30

R.S., 1985, c. 8 (2nd Supp.), s. 16

2013, c. 18, ss. 19, 41(E)

Previous Version

PART IIIGrievances

Interpretation

Marginal note:Former members

30.1 Every reference in this Part to a member includes a former member for the purposes of any provision respecting a grievance in relation to a discharge from the Force.

2013, c. 18, s. 20

Conflict Management

Marginal note:Informal conflict management system

30.2 Subject to any policies established or directives issued by the Treasury Board, the Commissioner shall establish an informal conflict management system and inform the members of its availability.

2013, c. 18, s. 20

Presentation of Grievances

Marginal note:Member’s right

31 (1) Subject to subsections (1.01) to (3), if a member is aggrieved by a decision, act or omission in the administration of the affairs of the Force in respect of which no other process for redress is provided by this Act, the regulations or the Commissioner’s standing orders, the member is entitled to present the grievance in writing at each of the levels, up to and including the final level, in the grievance process provided for by this Part.

Marginal note:Limitation

(1.01) A grievance that relates to the interpretation or application, in respect of a member, of a provision of a collective agreement or arbitral award must be presented under the Federal Public Sector Labour Relations Act.

Marginal note:Limitation

(1.1) A member is not entitled to present a grievance in respect of which an administrative procedure for redress is provided under any other Act of Parliament, other than one provided for in the Canadian Human Rights Act.

Marginal note:Limitation

(1.2) Despite subsection (1.1), a member is not entitled to present a grievance in respect of the right to equal pay for work of equal value.

Marginal note:Limitation

(1.3) A member is not entitled to present a grievance relating to any action taken under any instruction, direction or regulation given or made by or on behalf of the Government of Canada in the interest of the safety or security of Canada or any state allied or associated with Canada.

Marginal note:Order to be conclusive proof

(1.4) For the purposes of subsection (1.3), an order made by the Governor in Council is conclusive proof of the matters stated in the order in relation to the giving or making of an instruction, direction or regulation by or on behalf of the Government of Canada in the interest of the safety or security of Canada or any state allied or associated with Canada.

Marginal note:Limitation period

(2) A grievance under this Part must be presented

(a) at the initial level in the grievance process, within thirty days after the day on which the aggrieved member knew or reasonably ought to have known of the decision, act or omission giving rise to the grievance; and

(b) at the second and any succeeding level in the grievance process, within fourteen days after the day the aggrieved member is served with the decision of the immediately preceding level in respect of the grievance.

Marginal note:Restriction

(3) No appointment by the Commissioner to a position prescribed pursuant to subsection (7) may be the subject of a grievance under this Part.

Marginal note:Access to information

(4) Subject to subsection (4.1) and any limitations specified under paragraph 36(b), a member presenting a grievance shall be granted access to any written or documentary information under the Force’s control and relevant to the grievance that the member reasonably requires to properly present it.

Marginal note:Access to standardized test

(4.1) A member is not entitled to have access to a standardized test used by the Force, or to information concerning such a test, if in the opinion of the Commissioner, its disclosure would affect its validity or continued use or would affect the results of such a test by giving an unfair advantage to any person.

Marginal note:Definition of standardized test

(4.2) In this section, standardized test has the meaning assigned by rules established by the Commissioner.

Marginal note:No penalty for presenting grievance

(5) No member shall be disciplined or otherwise penalized in relation to employment or any term of employment in the Force for exercising the right under this Part to present a grievance.

Marginal note:Decision

(6) As soon as feasible after the presentation and consideration of a grievance at any level in the grievance process, the person constituting the level shall render a decision in writing as to the disposition of the grievance, including reasons for the decision, and serve the member presenting the grievance and, if the grievance has been referred to the Committee under section 33, the Committee Chairperson with a copy of the decision.

Marginal note:Excluded appointments

(7) The Governor in Council may make regulations prescribing for the purposes of subsection (3) any position in the Force that reports to the Commissioner either directly or through one other person.

R.S., 1985, c. R-10, s. 31

R.S., 1985, c. 8 (2nd Supp.), s. 16

1994, c. 26, s. 63(F)

2013, c. 18, s. 21

2017, c. 9, s. 40

Previous Version

Marginal note:Final level in grievance process

32 (1) The Commissioner constitutes the final level in the grievance process and the Commissioner’s decision in respect of any grievance is final and binding.

Marginal note:Commissioner not bound

(2) The Commissioner is not bound to act on any findings or recommendations set out in a report with respect to a grievance referred to the Committee under section 33, but if the Commissioner does not so act, the Commissioner shall include in the decision on the disposition of the grievance the reasons for not so acting.

Marginal note:Rescission or amendment of decision

(3) Notwithstanding subsection (1), the Commissioner may rescind or amend the Commissioner’s decision in respect of a grievance under this Part on the presentation to the Commissioner of new facts or where, with respect to the finding of any fact or the interpretation of any law, the Commissioner determines that an error was made in reaching the decision.

Marginal note:Delegation

(4) The Commissioner may delegate to any person under the Commissioner’s jurisdiction any of the Commissioner’s powers, duties or functions under this section or section 33.

Marginal note:Sub-delegation

(5) A person to whom any powers, duties or functions are delegated under subsection (4) may not sub-delegate any of them.

R.S., 1985, c. R-10, s. 32

R.S., 1985, c. 8 (2nd Supp.), s. 16

1990, c. 8, s. 65

2002, c. 8, s. 182

2013, c. 18, s. 22

Previous Version

Reference to Committee

Marginal note:Reference to Committee

33 (1) Before the Commissioner considers a grievance of a type prescribed pursuant to subsection (4), the Commissioner shall refer the grievance to the Committee.

Marginal note:Idem

(2) Notwithstanding subsection (1), a member presenting a grievance to the Commissioner may request the Commissioner not to refer the grievance to the Committee and, on such a request, the Commissioner may either not refer the grievance to the Committee or, if the Commissioner considers that a reference to the Committee is appropriate notwithstanding the request, refer the grievance to the Committee.

Marginal note:Material to be furnished to Committee

(3) Where the Commissioner refers a grievance to the Committee pursuant to this section, the Commissioner shall furnish the Committee Chairperson with a copy of

(a) the written submissions made at each level in the grievance process by the member presenting the grievance;

(b) the decisions rendered at each level in the grievance process in respect of the grievance; and

Marginal note:Grievances referable to Committee

(4) The Governor in Council may make regulations prescribing for the purposes of subsection (1) the types of grievances that are to be referred to the Committee.

R.S., 1985, c. R-10, s. 33

R.S., 1985, c. 8 (2nd Supp.), s. 16

2013, c. 18, s. 41(E)

Previous Version

Marginal note:Review by Committee Chairperson

34 (1) The Committee Chairperson shall review every grievance referred to the Committee pursuant to section 33.

Marginal note:Action by Committee Chairperson

(2) Where, after reviewing a grievance, the Committee Chairperson is satisfied with the disposition of the grievance by the Force, the Committee Chairperson shall prepare and send a report in writing to that effect to the Commissioner and the member presenting the grievance.

Marginal note:Idem

(3) Where, after reviewing a grievance, the Committee Chairperson is not satisfied with the disposition of the grievance by the Force or considers that further inquiry is warranted, the Committee Chairperson may

(a) prepare and send to the Commissioner and the member presenting the grievance a report in writing setting out such findings and recommendations with respect to the grievance as the Committee Chairperson sees fit; or

(b) institute a hearing to inquire into the grievance.

Marginal note:Hearing

(4) Where the Committee Chairperson decides to institute a hearing to inquire into a grievance, the Committee Chairperson shall assign the member or members of the Committee to conduct the hearing and shall send a notice in writing of the decision to the Commissioner and the member presenting the grievance.

R.S., 1985, c. R-10, s. 34

R.S., 1985, c. 8 (2nd Supp.), s. 16

2013, c. 18, s. 41(E)

Previous Version

Marginal note:Committee

35 (1) For the purposes of this section, the member or members conducting a hearing to inquire into a grievance are deemed to be the Committee.

Marginal note:Notice

(2) The Committee shall serve a notice in writing of the time and place appointed for a hearing on the parties.

Marginal note:Sittings of Committee

(3) Where a party wishes to appear before the Committee, the Committee shall sit at such place in Canada and at such time as may be fixed by the Committee, having regard to the convenience of the parties.

Marginal note:Powers of Committee

(4) The Committee has, in relation to the grievance before it, the powers conferred on a board of inquiry, in relation to the matter before it, by paragraphs 24.1(3)(a), (b) and (c).

Marginal note:Rights of persons interested

(5) The parties and any other person who satisfies the Committee that the person has a substantial and direct interest in a grievance before the Committee 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 at the hearing.

Marginal note:Representation of witnesses

(6) The Committee shall permit any person who gives evidence at a hearing to be represented by counsel or a representative.

Marginal note:Restriction

(7) Notwithstanding subsection (4) but subject to subsection (8), the Committee may not receive or accept any evidence or other information that would be inadmissible in a court of law by reason of any privilege under the law of evidence.

Marginal note:Witness not excused from testifying

(8) In a hearing, no witness shall be excused from answering any question relating to the grievance before the Committee when required to do so by the Committee on the ground that the answer to the question may tend to criminate the witness or subject the witness to any proceeding or penalty.

Marginal note:Answer not receivable

(9) If the witness is a member, no answer or statement made in response to a question described in subsection (8) shall be used or receivable against the witness under any proceeding under Part IV, other than a proceeding regarding an allegation that with intent to mislead the witness gave the answer or statement knowing it to be false.

Marginal note:Hearing in private

(10) A hearing shall be held in private, except that

(a) while a child is testifying at the hearing, the child’s parent or guardian may attend the hearing; and

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

Marginal note:Return of documents, etc.

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

Marginal note:Expenses

(12) Where the Committee sits at a place in Canada that is not the ordinary place of residence of a member whose grievance is before the Committee or of the member’s counsel or representative, that member, counsel or representative is entitled, in the discretion of the Committee, to receive such travel and living expenses incurred by the member, counsel or representative in appearing before the Committee as may be fixed by the Treasury Board.

Marginal note:Report

(13) On completion of a hearing, the Committee shall prepare and send to the parties and the Commissioner a report in writing setting out such findings and recommendations with respect to the grievance as the Committee sees fit.

Definition of parties

(14) In this section, parties means

(a) in respect of each type of grievance that is referred to the Committee under section 33, the person designated by the Commissioner for the purposes of this section and the member whose grievance has been referred to the Committee under section 33;

(b) in respect of a case of an appeal made under subsection 45.11(1) that is referred to the Committee under subsection 45.15(1), the member who is the subject of the decision of the conduct board and the conduct authority that initiated the hearing by that conduct board; and

(c) in respect of a case of an appeal made under subsection 45.11(3) that is referred to the Committee under subsection 45.15(1), the member making the appeal and the conduct authority who made the finding under appeal or who imposed the conduct measure under appeal.

R.S., 1985, c. R-10, s. 35

R.S., 1985, c. 8 (2nd Supp.), s. 16

2013, c. 18, s. 23

Previous Version

Rules

Marginal note:Rules

36 Subject to the provisions of this Act and the regulations, the Commissioner may make rules governing the presentation and consideration of grievances under this Part, including rules

(a) prescribing persons under the Commissioner’s jurisdiction or classes of such persons to constitute the levels in the grievance process; and

(b) specifying, for the purpose of subsection 31(4), limitations, in the interests of security or the protection of privacy of persons, on the right of a member presenting a grievance to be granted access to information relating to the grievance.

R.S., 1985, c. R-10, s. 36

R.S., 1985, c. 8 (2nd Supp.), s. 16

1994, c. 26, s. 64(F)

2013, c. 18, s. 24

Previous Version

Recommendation for Deputy Commissioner’s Discharge

Marginal note:Recommendation for Deputy Commissioner’s discharge

36.1 If the Commissioner recommends under paragraph 20.2(1)(d), (f), (h) or (j) that a Deputy Commissioner is to be discharged from the Force, the recommendation is not to be forwarded to the Governor in Council until the expiry of the time within which a grievance may be presented under this Part. If a grievance is presented, the recommendation is to be forwarded only if the grievance is denied at the final level.

2013, c. 18, s. 25

PART IVConduct

Purposes of Part

Marginal note:Purposes

36.2 The purposes of this Part are

(a) to establish the responsibilities of members;

(b) to provide for the establishment of a Code of Conduct that emphasizes the importance of maintaining the public trust and reinforces the high standard of conduct expected of members;

(c) to ensure that members are responsible and accountable for the promotion and maintenance of good conduct in the Force;

(d) to establish a framework for dealing with contraventions of provisions of the Code of Conduct, in a fair and consistent manner, at the most appropriate level of the Force; and

(e) to provide, in relation to the contravention of any provision of the Code of Conduct, for the imposition of conduct measures that are proportionate to the nature and circumstances of the contravention and, where appropriate, that are educative and remedial rather than punitive.

2013, c. 18, s. 26

Responsibilities

Marginal note:Responsibilities

37 It is the responsibility of every member

(a) to respect the rights of all persons;

(b) to maintain the integrity of the law, law enforcement and the administration of justice;

(c) to perform the member’s duties promptly, impartially and diligently, in accordance with the law and without abusing the member’s authority;

(d) to avoid any actual, apparent or potential conflict of interests;

(e) to ensure that any improper or unlawful conduct of any member is not concealed or permitted to continue;

(f) to be incorruptible, never accepting or seeking special privilege in the performance of the member’s duties or otherwise placing the member under any obligation that may prejudice the proper performance of the member’s duties;

(g) to act at all times in a courteous, respectful and honourable manner; and

(h) to maintain the honour of the Force and its principles and purposes.

R.S., 1985, c. R-10, s. 37

R.S., 1985, c. 8 (2nd Supp.), s. 16

2013, c. 18, s. 27

Previous Version

Code of Conduct

Marginal note:Code of Conduct

38 The Governor in Council may make regulations, to be known as the Code of Conduct, governing the conduct of members.

R.S., 1985, c. R-10, s. 38

R.S., 1985, c. 8 (2nd Supp.), s. 16

Marginal note:Contravention of Code of Conduct

39 (1) Every member who is alleged to have contravened a provision of the Code of Conduct may be dealt with under this Act either in or outside Canada,

(a) whether or not the alleged contravention took place in or outside Canada; and

(b) whether or not the member has been charged with an offence constituted by, included in or otherwise related to the alleged contravention or has been tried, acquitted, discharged, convicted or sentenced by a court in respect of such an offence.

Marginal note:No interference with jurisdiction of courts

(2) Nothing in this Act affects the jurisdiction of any court to try a member for any offence triable by that court.

R.S., 1985, c. R-10, s. 39

R.S., 1985, c. 8 (2nd Supp.), s. 16

2013, c. 18, s. 28

Previous Version

Investigation

Marginal note:Rules — conduct measures

39.1 The Commissioner shall make rules

(a) establishing the conduct measures, other than dismissal or recommendation for dismissal, that may be taken in respect of contraventions of provisions of the Code of Conduct and specifying which of those conduct measures may be imposed by any class of conduct authorities; and

(b) governing appeals under this Part, including rules

(i) prescribing the time within which an appeal may be made and providing for extensions of that time, and

(ii) respecting the practice and procedure for the appeals.

2013, c. 18, s. 29

Marginal note:Rules — investigations

39.2 The Commissioner may make rules

(a) respecting the investigation of contraventions of provisions of the Code of Conduct; and

(b) respecting the exercise of the conduct authorities’ powers under subsection 42(1).

2013, c. 18, s. 29

Marginal note:Investigation

40 (1) If it appears to a conduct authority in respect of a member that the member has contravened a provision of the Code of Conduct, the conduct authority shall make or cause to be made any investigation that the conduct authority considers necessary to enable the conduct authority to determine whether the member has contravened or is contravening the provision.

Marginal note:Member not excused from answering

(2) In any investigation under subsection (1), no member shall be excused from answering any question relating to the matter being investigated when required to do so by the person conducting the investigation on the grounds that the answer to the question may tend to criminate the member or subject the member to any criminal, civil or administrative action or proceeding.

Marginal note:Answer not receivable

(3) No answer or statement made in response to a question described in subsection (2) shall be used or receivable in any criminal, civil or administrative action or proceeding, other than a proceeding under this Part regarding an allegation that with intent to mislead the member gave the answer or statement knowing it to be false.

R.S., 1985, c. R-10, s. 40

R.S., 1985, c. 8 (2nd Supp.), s. 16

2013, c. 18, s. 29

Previous Version

Marginal note:Definitions

40.1 The following definitions apply in sections 40.2 to 40.8.

document means any medium on which is recorded or marked anything that is capable of being read or understood by an individual or a computer system or other device. (document)

justice has the meaning assigned by section 2 of the Criminal Code. (juge de paix)

night has the meaning assigned by section 2 of the Criminal Code. (nuit)

person has the meaning assigned by section 2 of the Criminal Code. (personne)

2013, c. 18, s. 29

Marginal note:Authority to issue warrant

40.2 (1) On ex parte application that has been approved by an officer designated by the Commissioner for the purposes of this section, a justice may issue a warrant if the justice is satisfied by information on oath that there are reasonable grounds to believe that there is in any receptacle or place not under the control of the Force anything that will afford evidence with respect to the contravention of a provision of the Code of Conduct.

Marginal note:Dwelling-house

(2) The application must indicate whether or not the place is a dwelling-house.

Marginal note:Powers under warrant

(3) The warrant may authorize a peace officer, and any other individual named in the warrant, to enter and search the place and to seize anything specified in the warrant, subject to any conditions specified in the warrant.

Marginal note:Telewarrant provisions to apply

(4) A warrant may be issued under this section by telephone or other means of telecommunication on application submitted by a peace officer by one of those means and section 487.1 of the Criminal Code applies for that purpose with any modifications that the circumstances require.

Marginal note:Execution of search warrant

(5) A warrant issued under this section shall be executed by day, unless

(a) the justice is satisfied that there are reasonable grounds for it to be executed by night;

(b) the reasonable grounds are included in the information; and

Marginal note:Operation of computer system and copying equipment

(6) A person authorized under this section to search a computer system in a place for data may

(a) use or cause to be used any computer system at the place to search any data contained in or available to the computer system;

(b) reproduce or cause to be reproduced any data in the form of a print-out or other intelligible output;

(d) use or cause to be used any copying equipment at the place to make copies of the data.

Marginal note:Receipt and report

(7) A person who seizes a thing under this section shall give a receipt to the person from whom the thing was seized and shall as soon as feasible, make a report of the seizure to a justice.

Marginal note:Return or detention

(8) If a report of the seizure is made to the justice, the justice shall,

(a) if the lawful owner or person who is lawfully entitled to possession of the thing seized is known, order it to be returned to that owner or person, unless the person having custody of the thing seized satisfies the justice that the detention of the thing seized is required for the purposes of any proceeding under this Part; or

(b) if the person having custody of the thing seized satisfies the justice that the thing seized should be detained, order that it be detained in the Force’s care until the conclusion of the proceedings.

Marginal note:Application for order of retur

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