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

Marginal note:Final level in grievance process

• 32 (1) The Commissioner constitutes the final level in the grievance process and the Commissioner’s decision in respect of any grievance is final and binding.

• Marginal note:Commissioner not bound

  (2) The Commissioner is not bound to act on any findings or recommendations set out in a report with respect to a grievance referred to the Committee under section 33, but if the Commissioner does not so act, the Commissioner shall include in the decision on the disposition of the grievance the reasons for not so acting.

• Marginal note:Rescission or amendment of decision

  (3) Notwithstanding subsection (1), the Commissioner may rescind or amend the Commissioner’s decision in respect of a grievance under this Part on the presentation to the Commissioner of new facts or where, with respect to the finding of any fact or the interpretation of any law, the Commissioner determines that an error was made in reaching the decision.

• Marginal note:Delegation

  (4) The Commissioner may delegate to any person under the Commissioner’s jurisdiction any of the Commissioner’s powers, duties or functions under this section or section 33.

• Marginal note:Sub-delegation

  (5) A person to whom any powers, duties or functions are delegated under subsection (4) may not sub-delegate any of them.

Reference to Committee

Marginal note:Reference to Committee

• 33 (1) Before the Commissioner considers a grievance of a type prescribed pursuant to subsection (4), the Commissioner shall refer the grievance to the Committee.

• Marginal note:Idem

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

• Marginal note:Material to be furnished to Committee

  (3) Where the Commissioner refers a grievance to the Committee pursuant to this section, the Commissioner shall furnish the Committee Chairperson with a copy of

  • (a) the written submissions made at each level in the grievance process by the member presenting the grievance;

  • (b) the decisions rendered at each level in the grievance process in respect of the grievance; and

  • (c) the written or documentary information under the control of the Force and relevant to the grievance.

• Marginal note:Grievances referable to Committee

  (4) The Governor in Council may make regulations prescribing for the purposes of subsection (1) the types of grievances that are to be referred to the Committee.

Marginal note:Review by Committee Chairperson

• 34 (1) The Committee Chairperson shall review every grievance referred to the Committee pursuant to section 33.

• Marginal note:Action by Committee Chairperson

  (2) Where, after reviewing a grievance, the Committee Chairperson is satisfied with the disposition of the grievance by the Force, the Committee Chairperson shall prepare and send a report in writing to that effect to the Commissioner and the member presenting the grievance.

• Marginal note:Idem

  (3) Where, after reviewing a grievance, the Committee Chairperson is not satisfied with the disposition of the grievance by the Force or considers that further inquiry is warranted, the Committee Chairperson may

  • (a) prepare and send to the Commissioner and the member presenting the grievance a report in writing setting out such findings and recommendations with respect to the grievance as the Committee Chairperson sees fit; or

  • (b) institute a hearing to inquire into the grievance.

• Marginal note:Hearing

  (4) Where the Committee Chairperson decides to institute a hearing to inquire into a grievance, the Committee Chairperson shall assign the member or members of the Committee to conduct the hearing and shall send a notice in writing of the decision to the Commissioner and the member presenting the grievance.

Marginal note:Committee

• 35 (1) For the purposes of this section, the member or members conducting a hearing to inquire into a grievance are deemed to be the Committee.

• Marginal note:Notice

  (2) The Committee shall serve a notice in writing of the time and place appointed for a hearing on the parties.

• Marginal note:Sittings of Committee

  (3) Where a party wishes to appear before the Committee, the Committee shall sit at such place in Canada and at such time as may be fixed by the Committee, having regard to the convenience of the parties.

• Marginal note:Powers of Committee

  (4) The Committee has, in relation to the grievance before it, the powers conferred on a board of inquiry, in relation to the matter before it, by paragraphs 24.1(3)(a), (b) and (c).

• Marginal note:Rights of persons interested

  (5) The parties and any other person who satisfies the Committee that the person has a substantial and direct interest in a grievance before the Committee shall be afforded a full and ample opportunity, in person or by counsel or a representative, to present evidence, to cross-examine witnesses and to make representations at the hearing.

• Marginal note:Representation of witnesses

  (6) The Committee shall permit any person who gives evidence at a hearing to be represented by counsel or a representative.

• Marginal note:Restriction

  (7) Notwithstanding subsection (4) but subject to subsection (8), the Committee may not 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

  (8) In a hearing, no witness shall be excused from answering any question relating to the grievance before the Committee when required to do so by the Committee on the ground that the answer to the question may tend to criminate the witness or subject the witness to any proceeding or penalty.

• Marginal note:Answer not receivable

  (9) If the witness is a member, no answer or statement made in response to a question described in subsection (8) shall be used or receivable against the witness under any proceeding under Part IV, 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:Hearing in private

  (10) A hearing shall be held in private, except that

  • (a) while a child is testifying at the hearing, the child’s parent or guardian may attend the hearing; and

  • (b) when authorized by the Committee, a member may attend the hearing as an observer for the purpose of familiarizing the member with procedures under this section.

• Marginal note:Return of documents, etc.

  (11) Any document or thing produced pursuant to this section to the Committee shall, on the request of the person producing the document or thing, be released to the person within a reasonable time after completion of the Committee’s report.

• Marginal note:Expenses

  (12) Where the Committee sits at a place in Canada that is not the ordinary place of residence of a member whose grievance is before the Committee or of the member’s counsel or representative, that member, counsel or representative is entitled, in the discretion of the Committee, to receive such travel and living expenses incurred by the member, counsel or representative in appearing before the Committee as may be fixed by the Treasury Board.

• Marginal note:Report

  (13) On completion of a hearing, the Committee shall prepare and send to the parties and the Commissioner a report in writing setting out such findings and recommendations with respect to the grievance as the Committee sees fit.

• Definition of parties

  (14) In this section, parties means

  • (a) in respect of each type of grievance that is referred to the Committee under section 33, the person designated by the Commissioner for the purposes of this section and the member whose grievance has been referred to the Committee under section 33;

  • (b) in respect of a case of an appeal made under subsection 45.11(1) that is referred to the Committee under subsection 45.15(1), the member who is the subject of the decision of the conduct board and the conduct authority that initiated the hearing by that conduct board; and

  • (c) in respect of a case of an appeal made under subsection 45.11(3) that is referred to the Committee under subsection 45.15(1), the member making the appeal and the conduct authority who made the finding under appeal or who imposed the conduct measure under appeal.

Rules

Marginal note:Rules

36 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.

Recommendation for Deputy Commissioner’s Discharge

Marginal note:Recommendation for Deputy Commissioner’s discharge

36.1 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.

PART IVConduct

Purposes of Part

Marginal note:Purposes

36.2 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.

Responsibilities

Marginal note:Responsibilities

37 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.

Code of Conduct

Marginal note:Code of Conduct

38 The Governor in Council may make regulations, to be known as the Code of Conduct, governing the conduct of members.

Marginal note:Contravention of Code of Conduct

• 39 (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.

Investigation

Marginal note:Rules — conduct measures

39.1 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.

Marginal note:Rules — investigations

39.2 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).

Marginal note:Investigation

• 40 (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.