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

AMENDMENTS NOT IN FORCE

• — 2013, c. 18, ss. 8(2), (3)

  • • 8 (2) Subsection 7(1) of the Act is replaced by the following:

      • Appointment and designation

        • 7 (1) The Commissioner may

          • (a) appoint members of the Force other than officers;

          • (b) by way of promotion appoint a member other than an officer to a higher rank for which there is a vacancy in the establishment of the Force;

          • (c) where the Commissioner is requested by any department of the Government of Canada or considers it necessary or in the public interest, appoint for a period not exceeding twelve months at any one time special constables supernumerary to the strength of the Force for the purpose of maintaining law and order; and

          • (d) designate any member, any supernumerary special constable appointed under this subsection or any temporary employee employed under subsection 10(2) as a peace officer.

    • R.S., c. 8 (2nd Supp.), s. 4

      (3) Subsection 7(2) of the Act is replaced by the following:

      • Ranks

        (2) The ranks of members other than officers and the maximum numbers of persons that may be appointed to each rank shall be as prescribed by the Treasury Board.

• — 2013, c. 18, s. 15(1)

  • R.S., c. 8 (2nd Supp.), s. 13

    • 15 (1) Subsection 22(1.1) of the Act is replaced by the following:

      • Reduction in pay if demotion

        (1.1) If a member is demoted under this Act, the member’s rate of pay shall be reduced to the highest rate of pay for the rank to which the member is demoted that does not exceed the member’s rate of pay at the time of the demotion.

• — 2013, c. 18, ss. 77(1), (3), (4), (7) to (12), (14), (15), (19), (20)

  • R.S., c. R-10

    • 77 (1) In this section, “the other Act” means the Royal Canadian Mounted Police Act.

    • (3) On the first day on which both subsections 8(1) and (2) of this Act are in force, subsection 7(1) of the other Act is replaced by the following:

      • Appointment and designation

        • 7 (1) The Commissioner may appoint members of the Force other than officers and, by way of promotion, appoint a member, other than a Deputy Commissioner, to a higher rank, other than to the rank of Deputy Commissioner, for which there is a vacancy.

    • (4) On the first day on which section 9.2 of the other Act, as enacted by section 10 of this Act, and subsections 8(2) and (3) and 15(1) of this Act are all in force, that section 9.2 is replaced by the following:

      • Revocation of appointment

        9.2 The Commissioner’s power to appoint a person as a member or to appoint a member, by way of promotion, to a higher rank, includes the power to revoke the appointment and to take corrective action whenever the Commissioner is satisfied that an error, an omission or improper conduct affected the selection of the person or member for appointment.

    • (7) On the first day on which subsections 8(2) and (3) and 15(1) and section 35 of this Act are all in force, paragraph 45.4(1)(f) of the other Act is replaced by the following:

      • (f) medical information about a member or other person appointed under the authority of Part I.

    • (8) On the first day on which subsections 8(2) and (3) and 15(1) and section 35 of this Act are all in force, paragraph 45.42(1)(a) of the other Act is replaced by the following:

      • (a) information relating to a request made by a member or other person appointed under the authority of Part I for legal assistance or indemnification from Her Majesty in right of Canada;

    • (9) On the first day on which subsections 8(2) and (3) and 15(1) and section 35 of this Act are all in force, paragraph 45.42(1)(c) of the other Act is replaced by the following:

      • (c) information that is protected by the privilege that exists between legal counsel and their client and that relates to the provision of advice to a member or other person appointed under the authority of Part I when the privilege may be claimed by the member or other person and not the Force;

    • (10) On the first day on which subsections 8(2) and (3) and 15(1) and section 35 of this Act are all in force, subsection 45.53(1) of the other Act is replaced by the following:

      • Complaints

        • 45.53 (1) Any individual may make a complaint concerning the conduct, in the performance of any duty or function under this Act or the Witness Protection Program Act, of any person who, at the time that the conduct is alleged to have occurred, was a member or other person appointed under Part I.

    • (11) On the first day on which subsections 8(2) and (3) and 15(1) and section 35 of this Act are all in force, subsection 45.53(4) of the other Act is replaced by the following:

      • Complaint by members or certain other persons

        (4) The Commission shall refuse to deal with a complaint made under subsection (1) by a member or other person appointed under Part I if the complaint has been or could have been adequately dealt with, or could more appropriately be dealt with, according to a procedure provided for under this Act or any other Act of Parliament.

    • (12) On the first day on which subsections 8(2) and (3) and 15(1) and section 35 of this Act are all in force, paragraph 45.53(8)(b) of the other Act is replaced by the following:

      • (b) any member or other person appointed under Part I; or

    • (14) On the first day on which subsections 8(2) and (3) and 15(1) and section 35 of this Act are all in force, subsection 45.59(1) of the other Act is replaced by the following:

      • Complaints initiated by Chairperson

        • 45.59 (1) If the Chairperson is satisfied that there are reasonable grounds to investigate the conduct, in the performance of any duty or function under this Act or the Witness Protection Program Act, of any person who, at the time that the conduct is alleged to have occurred, was a member or other person appointed under Part I, the Chairperson may initiate a complaint in relation to that conduct.

    • (15) On the first day on which subsections 8(2) and (3) and 15(1) and section 35 of this Act are all in force, subsection 45.61(2) of the other Act is replaced by the following:

      • Duty to refuse or terminate investigation

        (2) The Commissioner shall direct the Force to not commence or continue an investigation of a complaint by a member or other person appointed under Part I if the complaint has been or could have been adequately dealt with, or could more appropriately be dealt with according to a procedure provided for under this Act or any other Act of Parliament.

    • (19) On the first day on which subsections 8(2) and (3) and 15(1) and section 35 of this Act are all in force, subsection 45.75(1) of the other Act is replaced by the following:

      • Joint investigation, review or hearing

        • 45.75 (1) If a complaint concerns the conduct of a member or other person appointed under Part I and a law enforcement officer of any other jurisdiction, whether in or outside Canada, the Commission may conduct an investigation, review or hearing of that complaint jointly with the authority in that other jurisdiction that is responsible for investigations, reviews or hearings with respect to complaints against law enforcement officers.

    • (20) On the first day on which subsections 8(2) and (3) and 15(1) and section 35 of this Act are all in force, the portion of the definition serious incident in subsection 45.79(1) of the other Act before paragraph (a) is replaced by the following:

      serious incident

      serious incident means an incident in which the actions of a member or other person appointed under Part I or any person assisting the Force in exercising its powers or performing its duties and functions under this Act (incident grave)

• — 2013, c. 18, s. 82

  • 82 On the first day on which both subsections 8(2) and (3) and 15(1) of this Act are all in force and subsection 78(2) or (3) of this Act has produced its effects,

    • (a) paragraph 45.9(j) of the Royal Canadian Mounted Police Act is replaced by the following:

      • (j) a reference to a member or other person appointed under the authority of Part I in paragraphs 45.4(1)(f) and 45.42(1)(a) and (c) is to be read as a reference to a designated officer who was appointed under paragraph 7(1)(a) of the Integrated Cross-border Law Enforcement Operations Act;

    • (b) paragraph 45.94(1)(c) of the Royal Canadian Mounted Police Act is replaced by the following:

      • (c) a reference to a member or other person appointed under Part I, other than in paragraph 45.53(8)(b), is to be read as a reference to a designated officer;