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

Marginal note:Role of conduct board
  •  (1) The role of the conduct board is to decide whether or not each allegation of a contravention of a provision of the Code of Conduct contained in the notice served under subsection 43(2) is established on a balance of probabilities.

  • Marginal note:Powers

    (2) A conduct board has, in relation to the case before it, the powers conferred on a board of inquiry, in relation to the matter before it, by paragraphs 24.1(3)(a) to (c).

  • Marginal note:Decision in writing

    (3) The conduct board’s decision must be recorded in writing and include a statement of the conduct board’s findings on questions of fact material to the decision, reasons for the decision and a statement of the conduct measure, if any, imposed under subsection (4).

  • Marginal note:Conduct measures

    (4) If a conduct board decides that an allegation of a contravention of a provision of the Code of Conduct by a member is established, the conduct board shall impose any one or more of the following conduct measures on the member, namely,

    • (a) recommendation for dismissal from the Force, if the member is a Deputy Commissioner, or dismissal from the Force, if the member is not a Deputy Commissioner,

    • (b) direction to resign from the Force and, in default of resigning within 14 days after being directed to do so, recommendation for dismissal from the Force, if the member is a Deputy Commissioner, or dismissal from the Force, if the member is not a Deputy Commissioner, or

    • (c) one or more of the conduct measures provided for in the rules.

  • R.S., 1985, c. R-10, s. 45;
  • R.S., 1985, c. 8 (2nd Supp.), s. 16;
  • 2013, c. 18, s. 29.

Hearing

Marginal note:Parties
  •  (1) The parties to a hearing initiated under subsection 41(1) are the conduct authority who initiated it and the member whose conduct is the subject of the hearing.

  • Marginal note:Hearing in public

    (2) The hearing shall be held in public but the conduct board, on its own initiative or at the request of any party, may order that the hearing or any part of it is to be held in camera if it is of the opinion

    • (a) that information, the disclosure of which could reasonably be expected to be injurious to the defence of Canada or any state allied or associated with Canada or to the detection, prevention or suppression of subversive or hostile activities, will likely be disclosed during the course of the hearing;

    • (b) that information, the disclosure of which could reasonably be expected to be injurious to law enforcement, will likely be disclosed during the course of the hearing;

    • (c) that information respecting a person’s financial or personal affairs, if that person’s interest or security outweighs the public’s interest in the information, will likely be disclosed during the course of the hearing; or

    • (d) that it is otherwise required by the circumstances of the case.

  • Marginal note:Representation of witnesses

    (3) The conduct board shall permit any person who gives evidence at the hearing to be represented by legal counsel or a representative.

  • Marginal note:Restriction

    (4) Despite subsection 45(2), but subject to subsection (5), the conduct board is not authorized to 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

    (5) In the hearing, no witness shall be excused from answering any question relating to the case before the conduct board when required to do so by the conduct board on the grounds that the answer to the question may tend to criminate the witness or subject the witness to any criminal, civil or administrative action or proceeding.

  • Marginal note:Answer not receivable

    (6) If the witness is a member, no answer or statement made in response to a question described in subsection (5) shall be used or receivable against the witness under any proceeding under Part IV regarding an allegation of a contravention of a provision of the Code of Conduct by the witness, 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:Order restricting publication

    (7) The conduct board may, on its own initiative or at the request of any person, make an order directing that any of the following information shall not be published in any document or broadcast or transmitted in any way:

    • (a) information that could identify a complainant, a witness or a person under the age of 18; and

    • (b) information disclosed during any part of the hearing held in camera.

  • Marginal note:Absence of member

    (8) The conduct board may conduct the hearing in the absence of the member whose conduct is the subject of the hearing in the circumstances set out in the rules.

  • Marginal note:Medical examination

    (9) If the member whose conduct is the subject of the hearing indicates that they are unable to attend the hearing for medical reasons, the conduct board may direct the member to undergo a medical examination or an assessment by a qualified person specified by the conduct board to determine if the member is unable to participate in the hearing for medical reasons. If the member fails to undergo the medical examination or assessment, the conduct board may conduct the hearing in the absence of the member.

  • R.S., 1985, c. 8 (2nd Supp.), s. 16;
  • 2013, c. 18, s. 29.

Appeal

Marginal note:Appeal to Commissioner — conduct board’s decision
  •  (1) A member who is the subject of a conduct board’s decision or the conduct authority who initiated the hearing by the conduct board that made the decision may, within the time provided for in the rules, appeal the decision to the Commissioner in respect of

    • (a) any finding that an allegation of a contravention of a provision of the Code of Conduct by the member is established or not established; or

    • (b) any conduct measure imposed in consequence of a finding referred to in paragraph (a).

  • Marginal note:Former member

    (2) Every reference in subsection (1) to a member includes a former member for the purposes of any appeal with respect to a dismissal from the Force.

  • Marginal note:Appeal to Commissioner — conduct authority’s decision

    (3) A member who is the subject of a conduct authority’s decision may, within the time provided for in the rules, appeal the decision to the Commissioner in respect of

    • (a) any finding that an allegation of a contravention of a provision of the Code of Conduct by the member is established; or

    • (b) any conduct measure imposed in consequence of a finding that an allegation referred to in paragraph (a) is established.

  • Marginal note:Grounds of appeal

    (4) An appeal lies to the Commissioner on any ground of appeal.

  • R.S., 1985, c. 8 (2nd Supp.), s. 16;
  • 2013, c. 18, s. 29.

 [Repealed, 2013, c. 18, s. 29]

 [Repealed, 2013, c. 18, s. 29]

 [Repealed, 2013, c. 18, s. 29]

Marginal note:Referral to Committee
  •  (1) If an appeal relates to any of the following conduct measures, or to any finding that resulted in its imposition, the Commissioner, before considering the appeal, shall refer the case to the Committee:

    • (a) a financial penalty of more than one day of the member’s pay;

    • (b) a demotion;

    • (c) a direction to resign;

    • (d) a recommendation for dismissal; or

    • (e) a dismissal.

  • (2) [Repealed, 2013, c. 18, s. 30]

  • Marginal note:Request by member

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

  • (4) [Repealed, 2013, c. 18, s. 30]

  • Marginal note:Applicable provisions

    (5) Sections 34 and 35 apply, with such modifications as the circumstances require, with respect to a case referred to the Committee pursuant to this section as though the case were a grievance referred to the Committee pursuant to section 33.

  • R.S., 1985, c. 8 (2nd Supp.), s. 16;
  • 2013, c. 18, s. 30.
 
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