PART IConstitution and Organization (continued)
Pay and Allowances
Marginal note:Pay and allowances
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
(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).
(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
(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.
(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
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.
- R.S., 1985, c. R-10, s. 24
- R.S., 1985, c. 8 (2nd Supp.), s. 24(E)
- 1993, c. 28, s. 78
- 2002, c. 7, s. 235(E)
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.
(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.
(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.
(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.
- R.S., 1985, c. 8 (2nd Supp.), s. 15
- 2013, c. 18, ss. 16, 77, 80
- Date modified: