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

Disposition of Property

Marginal note:Abandoned or lost property

24 Where it appears to the Commissioner

• (a) that any personal property that has, in Yukon, the Northwest Territories or Nunavut, come into the hands of any member in the course of the member’s duties has been abandoned by the owner of it or the person entitled to it, or

• (b) that a reasonable attempt has been made to find the owner of or person entitled to any personal property that has, in Yukon, the Northwest Territories or Nunavut, come into the hands of any member in the course of the member’s duties, but the owner or person cannot be found,

the Commissioner may make such disposition of the property as the Commissioner in the circumstances deems fit, but the proceeds, if any, from the sale or other disposition of the property, and any such property consisting of money, shall be paid into the Consolidated Revenue Fund.

Boards of Inquiry

Marginal note:Board of Inquiry

• 24.1 (1) The Minister or the Commissioner may appoint such persons as the Minister or Commissioner considers appropriate as a board of inquiry to investigate and report on any matter connected with the organization, training, conduct, performance of duties, discipline, efficiency, administration or government of the Force or affecting any member or other person appointed or employed under the authority of this Act.

• Marginal note:Clarification

  (1.1) For greater certainty, the power to appoint under subsection (1) includes the power to appoint all or any of the members of the Commission.

• Marginal note:Matter to be investigated

  (2) Where the Minister or the Commissioner appoints a board of inquiry under subsection (1), the Minister or Commissioner shall specify in writing the matter that the board is to investigate and report on.

• Marginal note:Powers of board of inquiry

  (3) A board of inquiry has, in relation to the matter before it, power

  • (a) to summon any person before the board and to require that person to give oral or written evidence on oath and to produce such documents and things under that person’s control as the board deems requisite to the full investigation and consideration of that matter;

  • (b) to administer oaths;

  • (c) to receive and accept on oath or by affidavit such evidence and other information as the board sees fit, whether or not such evidence or information is or would be admissible in a court of law; and

  • (d) to make such examination of records and such inquiries as the board deems necessary.

• Marginal note:Rights of persons interested

  (4) Any person whose conduct or affairs are being investigated by a board of inquiry or who satisfies a board of inquiry that the person has a substantial and direct interest in the matter before the board 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 before the board.

• Marginal note:Representation of witnesses

  (5) A board of inquiry shall permit any person who gives evidence in the investigation by the board to be represented by counsel or a representative.

• Marginal note:Restriction

  (6) Notwithstanding subsection (3), a board of inquiry may not receive or accept in an investigation

  • (a) subject to subsection (7), any evidence or other information that would be inadmissible in a court of law by reason of any privilege under the law of evidence;

  • (b) any answer or statement made in response to a question described in subsection 35(8), 40(2), 45.1(5) or 45.65(2);

  • (c) any answer or statement made in response to a question described in subsection (7) before any other board of inquiry appointed under this section; or

  • (d) any answer or statement made in the course of attempting to informally dispose of or resolve a complaint made under Part VII or VII.2.

• Marginal note:Witness not excused from testifying

  (7) In an investigation by a board of inquiry, no witness shall be excused from answering any question relating to the matter before the board when required to do so by the board 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

  (8) If the witness is a member, no answer or statement made in response to a question described in subsection (7) 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:Investigation and hearing in private

  (9) Unless the Minister or the Commissioner directs otherwise, an investigation and any hearing by a board of inquiry appointed by the Minister or Commissioner, as the case may be, shall be conducted in private.

• Marginal note:Exception

  (10) Notwithstanding subsection (9),

  • (a) while a child is testifying in an investigation or at a hearing by a board of inquiry, the child’s parent or guardian may be present; and

  • (b) when authorized by a board of inquiry, a member may attend a hearing before the board 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 a board of inquiry shall, on the request of the person producing the document or thing, be released to that person within a reasonable time after completion of the board’s investigation and report.

PART IIRoyal Canadian Mounted Police External Review Committee

Establishment and Organization of Committee

Marginal note:Committee established

• 25 (1) There is hereby established a committee, to be known as the Royal Canadian Mounted Police External Review Committee, consisting of a Chairperson, a Vice-chairperson and not more than three other members, to be appointed by order of the Governor in Council.

• Marginal note:Full- or part-time

  (2) The Committee Chairperson is a full-time member of the Committee and the other members may be appointed as full-time or part-time members of the Committee.

• Marginal note:Tenure of office

  (3) Each member of the Committee shall be appointed to hold office during good behaviour for a term not exceeding five years but may be removed for cause at any time by order of the Governor in Council.

• Marginal note:Re-appointment

  (4) A member of the Committee is eligible for re-appointment on the expiration of the member’s term of office.

• Marginal note:Eligibility

  (5) No member of the Force is eligible to be appointed or to continue as a member of the Committee.

• Marginal note:Salary of full-time members

  (6) Each full-time member of the Committee is entitled to be paid such salary in connection with the work of the Committee as may be approved by order of the Governor in Council.

• Marginal note:Fees of part-time members

  (7) Each part-time member of the Committee is entitled to be paid such fees in connection with the work of the Committee as may be approved by order of the Governor in Council.

• Marginal note:Expenses

  (8) Each member of the Committee is entitled to be paid reasonable travel and living expenses incurred by the member while absent from the member’s ordinary place of residence in connection with the work of the Committee.

• Marginal note:Benefits of full-time members

  (9) The full-time members of the Committee are deemed to be employed in the public service for the purposes of the Public Service Superannuation Act and to be employed in the federal public administration for the purposes of the Government Employees Compensation Act and any regulations made under section 9 of the Aeronautics Act.

Marginal note:Committee Chairperson

• 26 (1) The Committee Chairperson is the chief executive officer of the Committee and has supervision over and direction of the work and staff of the Committee.

• Marginal note:Absence or incapacity

  (2) In the event of the absence or incapacity of the Committee Chairperson or if the office of Committee Chairperson is vacant, the Minister may authorize the Vice-chairperson to exercise the powers and perform the duties and functions of the Committee Chairperson.

• Marginal note:Delegation

  (3) The Committee Chairperson may delegate to the Vice-chairperson any of the Committee Chairperson’s powers, duties or functions under this Act, except the power to delegate under this subsection and the duty under section 30.

Marginal note:Head office

• 27 (1) The head office of the Committee shall be at such place in Canada as the Governor in Council may, by order, designate.

• Marginal note:Staff

  (2) Such officers and employees as are necessary for the proper conduct of the work of the Committee shall be appointed in accordance with the Public Service Employment Act.

• Marginal note:Idem

  (3) The Committee may, with the approval of the Treasury Board,

  • (a) engage on a temporary basis the services of persons having technical or specialized knowledge of any matter relating to the work of the Committee to advise and assist the Committee in the exercise or performance of its powers, duties and functions under this Act; and

  • (b) fix and pay the remuneration and expenses of persons engaged pursuant to paragraph (a).

Duties

Marginal note:Duties of Committee

• 28 (1) The Committee shall carry out such functions and duties as are assigned to it by this Act.

• Marginal note:Duties of Committee Chairperson

  (2) The Committee Chairperson shall carry out such functions and duties as are assigned to the Committee Chairperson by this Act.

Marginal note:Service standards respecting time limits

28.1 The Committee shall establish, and make public, service standards respecting the time limits within which it is to deal with grievances and appeal cases that are referred to it and specifying the circumstances under which those time limits do not apply or the circumstances under which they may be extended.

Rules

Marginal note:Rules

29 Subject to the provisions of this Act and the regulations, the Committee may make rules respecting

• (a) the sittings of the Committee;

• (b) the manner of dealing with matters and business before the Committee generally, including the practice and procedure before the Committee;

• (c) the apportionment of the work of the Committee among its members and the assignment of members to review grievances or cases referred to the Committee; and

• (d) the performance of the duties and functions of the Committee under this Act generally.

Annual Report

Marginal note:Annual report

• 30 (1) The Committee Chairperson shall, within three months after the end of each fiscal year, submit to the Minister a report of the activities of the Committee during that year and its recommendations, if any, and the Minister shall cause a copy of the report to be laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the day the Minister receives it.

• Marginal note:Performance in relation to time limits

  (2) The report must contain information respecting the Committee’s performance in relation to the service standards established under section 28.1.

PART IIIGrievances

Interpretation

Marginal note:Former members

30.1 Every reference in this Part to a member includes a former member for the purposes of any provision respecting a grievance in relation to a discharge from the Force.

Conflict Management

Marginal note:Informal conflict management system

30.2 Subject to any policies established or directives issued by the Treasury Board, the Commissioner shall establish an informal conflict management system and inform the members of its availability.

Presentation of Grievances

Marginal note:Member’s right

• 31 (1) Subject to subsections (1.01) to (3), if a member is aggrieved by a decision, act or omission in the administration of the affairs of the Force in respect of which no other process for redress is provided by this Act, the regulations or the Commissioner’s standing orders, the member is entitled to present the grievance in writing at each of the levels, up to and including the final level, in the grievance process provided for by this Part.

• Marginal note:Limitation

  (1.01) A grievance that relates to the interpretation or application, in respect of a member, of a provision of a collective agreement or arbitral award must be presented under the Federal Public Sector Labour Relations Act.

• Marginal note:Limitation

  (1.1) A member is not entitled to present a grievance in respect of which an administrative procedure for redress is provided under any other Act of Parliament, other than one provided for in the Canadian Human Rights Act.

• Marginal note:Limitation

  (1.2) Despite subsection (1.1), a member is not entitled to present a grievance in respect of the right to equal pay for work of equal value.

• Marginal note:Limitation

  (1.3) A member is not entitled to present a grievance relating to any action taken under any instruction, direction or regulation given or made by or on behalf of the Government of Canada in the interest of the safety or security of Canada or any state allied or associated with Canada.

• Marginal note:Order to be conclusive proof

  (1.4) For the purposes of subsection (1.3), an order made by the Governor in Council is conclusive proof of the matters stated in the order in relation to the giving or making of an instruction, direction or regulation by or on behalf of the Government of Canada in the interest of the safety or security of Canada or any state allied or associated with Canada.

• Marginal note:Limitation period

  (2) A grievance under this Part must be presented

  • (a) at the initial level in the grievance process, within thirty days after the day on which the aggrieved member knew or reasonably ought to have known of the decision, act or omission giving rise to the grievance; and

  • (b) at the second and any succeeding level in the grievance process, within fourteen days after the day the aggrieved member is served with the decision of the immediately preceding level in respect of the grievance.

• Marginal note:Restriction

  (3) No appointment by the Commissioner to a position prescribed pursuant to subsection (7) may be the subject of a grievance under this Part.

• Marginal note:Access to information

  (4) Subject to subsection (4.1) and any limitations specified under paragraph 36(b), a member presenting a grievance shall be granted access to any written or documentary information under the Force’s control and relevant to the grievance that the member reasonably requires to properly present it.

• Marginal note:Access to standardized test

  (4.1) A member is not entitled to have access to a standardized test used by the Force, or to information concerning such a test, if in the opinion of the Commissioner, its disclosure would affect its validity or continued use or would affect the results of such a test by giving an unfair advantage to any person.

• Marginal note:Definition of standardized test

  (4.2) In this section, standardized test has the meaning assigned by rules established by the Commissioner.

• Marginal note:No penalty for presenting grievance

  (5) No member shall be disciplined or otherwise penalized in relation to employment or any term of employment in the Force for exercising the right under this Part to present a grievance.

• Marginal note:Decision

  (6) As soon as feasible after the presentation and consideration of a grievance at any level in the grievance process, the person constituting the level shall render a decision in writing as to the disposition of the grievance, including reasons for the decision, and serve the member presenting the grievance and, if the grievance has been referred to the Committee under section 33, the Committee Chairperson with a copy of the decision.

• Marginal note:Excluded appointments

  (7) The Governor in Council may make regulations prescribing for the purposes of subsection (3) any position in the Force that reports to the Commissioner either directly or through one other person.