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

Act current to 2022-01-12 and last amended on 2019-07-12. Previous Versions

PART IConstitution and Organization (continued)

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 [Repealed, 2013, c. 18, s. 11]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

Oaths

Marginal note:Oaths

  •  (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

  •  (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

 [Repealed, R.S., 1985, c. 8 (2nd Supp.), s. 9]

 [Repealed, R.S., 1985, c. 8 (2nd Supp.), s. 10]

Duties

Marginal note:Duties

 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

 [Repealed, R.S., 1985, c. 8 (2nd Supp.), s. 11]

Marginal note:Arrangements with provinces

  •  (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

 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

Marginal note:Commissioner’s powers

  •  (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

  •  (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

    • (c) generally, for carrying the purposes and provisions of this Act into effect.

  • 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;

    • (c) prescribing a notice period for the purposes of subsection 9.4(1);

    • (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

Pay and Allowances

Marginal note:Pay and allowances

  •  (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

Benefit Trust Fund

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

  •  (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
 
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