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

Act current to 2019-07-29 and last amended on 2019-07-12. Previous Versions

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

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

  • R.S., c. R-9, s. 1

Interpretation

Marginal note:Definitions

  •  (1) In this Act,

    appropriate officer

    appropriate officer[Repealed, 2013, c. 18, s. 2]

    child

    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

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

    Commission

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

    Commission Chairman

    Commission Chairman[Repealed, 2013, c. 18, s. 2]

    Commissioner

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

    Committee

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

    Committee Chairman

    Committee Chairman[Repealed, 2013, c. 18, s. 2]

    conduct authority

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

    Force

    Force means the Royal Canadian Mounted Police; (Gendarmerie)

    guardian

    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

    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

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

    officer

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

    proceedings

    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

    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

PART IConstitution and Organization

Composition of Force

Marginal note:Police Force for Canada

 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

 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

  •  (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

Officers and Members

Marginal note:Other officers

  •  (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.

  • 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

Marginal note:Commanding Officers

  •  (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

  •  (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
 
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