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

Act current to 2016-05-12 and last amended on 2014-11-28. Previous Versions

Rules

Marginal note:Rules

 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.

Recommendation for Deputy Commissioner’s Discharge

Marginal note:Recommendation for Deputy Commissioner’s discharge

 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

 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

 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.

Code of Conduct

Marginal note:Code of Conduct

 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
  •  (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.

Investigation

Marginal note:Rules — conduct measures

 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

 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
  •  (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.
Marginal note:Definitions

 The following definitions apply in sections 40.2 to 40.8.

document

document

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

juge de paix

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

night

nuit

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

person

personne

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

  • 2013, c. 18, s. 29.
Marginal note:Authority to issue warrant
  •  (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

    • (c) the warrant authorizes that it be executed by night.

  • 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;

    • (c) seize the print-out or other output for examination or copying; and

    • (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 return

    (9) On application by the person from whom a thing was seized and on three clear days notice to the Commissioner, a justice may make an order for the release of the thing to the person if the justice is satisfied that the thing is no longer necessary for the purposes of the investigation or any proceeding under this Part arising from the investigation.

  • Marginal note:Storage and removal

    (10) A thing seized under this section may be stored in the place where it was seized or it may, at the discretion of a peace officer, be removed to any other place for storage.

  • 2013, c. 18, s. 29.
 
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