Royal Canadian Mounted Police Act

Version of section 41 from 2002-12-31 to 2014-11-27:


Marginal note:Informal disciplinary action

  •  (1) Subject to this section, the following informal disciplinary action may be taken in respect of a contravention of the Code of Conduct, namely,

    • (a) counselling;

    • (b) recommendation for special training;

    • (c) recommendation for professional counselling;

    • (d) recommendation for transfer;

    • (e) direction to work under close supervision;

    • (f) subject to such conditions as the Commissioner may, by rule, prescribe, forfeiture of regular time off for any period not exceeding one work day; and

    • (g) reprimand.

  • Marginal note:Action by member in command

    (2) Where it is established to the satisfaction of a member, other than an officer, in command of a detachment that a member under the command of the member has contravened the Code of Conduct, the member in command may take any one or more of the actions referred to in paragraphs (1)(a) to (f) against that member.

  • Marginal note:Action by officer

    (3) Where it is established to the satisfaction of an officer that a member, other than an officer, under the command of the officer has contravened the Code of Conduct, the officer may, if no action has been taken under subsection (2) in respect of the contravention, take any one or more of the actions referred to in paragraphs (1)(a) to (g) against that member.

  • Marginal note:Idem

    (4) Where it is established to the satisfaction of an officer that an officer under the command of the officer has contravened the Code of Conduct, the officer in command may take any one or more of the actions referred to in paragraphs (1)(a) to (f) against that officer.

  • Marginal note:Action by appropriate officer

    (5) Where it is established to the satisfaction of an appropriate officer that an officer has contravened the Code of Conduct, the appropriate officer may, if no action has been taken under subsection (4) in respect of the contravention, take any one or more of the actions referred to in paragraphs (1)(a) to (g) against the officer who has contravened the Code of Conduct.

  • Marginal note:Idem

    (6) Where it is not established to the satisfaction of an appropriate officer that a member against whom informal disciplinary action was taken under subsection (2), (3) or (4) has contravened the Code of Conduct, the appropriate officer may rescind that action.

  • Marginal note:Idem

    (7) Where it is established to the satisfaction of an appropriate officer that a member against whom informal disciplinary action was taken under subsection (2), (3) or (4) has contravened the Code of Conduct, but the appropriate officer is of the opinion that the action so taken was inappropriate in the circumstances, the appropriate officer may vary that action by taking any one or more of the actions referred to in paragraphs (1)(a) to (g) in addition to or in substitution for that action.

  • Marginal note:Restrictions

    (8) Notwithstanding subsections (2) to (7), an officer or other member may take informal disciplinary action under this section only against members of lower rank or level and only if the officer or other member is of the opinion that, having regard to the gravity of the contravention and to the surrounding circumstances, the action is sufficient.

  • Marginal note:Action not grievable or appealable

    (9) Notwithstanding any provision of Part III, the informal disciplinary actions referred to in paragraphs (1)(a) to (d) may not be the subject of a grievance under that Part or be appealed under this Part.

  • Definition of officer

    (10) In this section, officer, in addition to the members referred to in the definition officer in subsection 2(1), includes such other member or member of such class of other members as the Commissioner may, by rule, prescribe.

  • R.S., 1985, c. R-10, s. 41
  • R.S., 1985, c. 8 (2nd Supp.), s. 16
Date modified: