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

Act current to 2016-06-21 and last amended on 2014-11-28. Previous Versions

Marginal note:Duration of appointment
  •  (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.

 [Repealed, 2013, c. 18, s. 9]

Qualifications

Marginal note:Qualifications
  •  (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

 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
  •  (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
  •  (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

 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
  •  (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

 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.

Reserve

Marginal note:Establishment
  • R.S., 1985, c. R-10, s. 11;
  • 2013, c. 18, s. 11.

Peace Officers

Marginal note:Officers
  •  (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
  •  (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

 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.

 [Repealed, 2013, c. 18, s. 11]

Headquarters

Marginal note:Headquarters

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

  • R.S., c. R-9, s. 14.
 
Date modified: