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

Act current to 2020-03-05 and last amended on 2019-07-12. Previous Versions

RELATED PROVISIONS

  • — R.S., 1985, c. 8 (2nd Supp.), s. 25

    • Transfer of Funds

      25 The amount standing to the credit of the fund established by section 45 of the said Act immediately before the commencement of this Act shall be credited to the Benefit Trust Fund referred to in section 23 of the said Act as amended by this Act and shall be used in the manner and for the purposes established by or pursuant to section 23 as so amended.

  • — 2013, c. 18, s. 67

    • Officers

      67 Every person who was an officer of the Royal Canadian Mounted Police immediately before the coming into force of section 5, other than the Commissioner or a Deputy Commissioner of the Royal Canadian Mounted Police, is deemed to have been appointed as an officer by the Commissioner of the Royal Canadian Mounted Police.

  • — 2013, c. 18, s. 68

    • Grievances

      68 The provisions of Part III of the Royal Canadian Mounted Police Act, and any rules and regulations made under that Act, as they read immediately before the coming into force of sections 20 to 25, continue to apply in respect of any grievance presented under that Part before that coming into force.

  • — 2013, c. 18, s. 69

    • Informal disciplinary action
      • 69 (1) If informal disciplinary action has been taken under section 41 of the Royal Canadian Mounted Police Act before the coming into force of section 29, sections 41 and 42 of the Royal Canadian Mounted Police Act, and any rules and regulations made under that Act, as they read before that coming into force, continue to apply in respect an appeal of that action.

      • Clarification

        (2) Subsection (1) applies even if the person who is subject of the informal disciplinary action has ceased to be a member by reason of subsection 86(2).

  • — 2013, c. 18, s. 70

    • Formal disciplinary action
      • 70 (1) A hearing initiated under subsection 43(1) of the Royal Canadian Mounted Police Act before the coming into force of section 29 may be continued as though that section had not come into force and the provisions of that Act, as they read immediately before that coming into force, continue to apply in respect of any decision made in respect of the matter to which the hearing relates, including any appeal of that decision, except that paragraphs 45.12(3)(a) to (c) are to be read as follows:

        • (a) recommendation for dismissal from the Force, if the member is a Deputy Commissioner, or dismissal from the Force, if the member is not a Deputy Commissioner;

        • (b) direction to resign from the Force and, in default of resigning within 14 days after being directed to do so, recommendation for dismissal from the Force, if the member is a Deputy Commissioner, or dismissal from the Force, if the member is not a Deputy Commissioner;

        • (c) demotion if the member is not a Deputy Commissioner; or

      • Application of rules and regulations

        (2) Rules and regulations made under the Royal Canadian Mounted Police Act, as they read immediately before the coming into force of section 29, continue to apply in respect of any decision made in respect of the matter to which a hearing referred to in subsection (1) relates, including any appeal of that decision.

      • Suspension

        (3) If, before the coming into force of section 29, a hearing was initiated under subsection 43(1) of the Royal Canadian Mounted Police Act in respect of a member of the Royal Canadian Mounted Police who was suspended under section 12.1 of that Act, the member continues to be suspended.

      • Application of Act and rules and regulations

        (4) The provisions of the Royal Canadian Mounted Police Act, and any rules and regulations made under it, as they read immediately before the coming into force of section 29, continue to apply in respect of any suspension to which subsection (3) applies.

      • Clarification

        (5) Subsections (1) to (4) apply even if the person who is alleged to have committed the contravention to which the hearing relates has ceased to be a member by reason of subsection 86(2).

  • — 2013, c. 18, s. 71

    • Application of subsection 40(1)
      • 71 (1) Subsection 40(1) of the Royal Canadian Mounted Police Act, as enacted by section 29, also applies in respect of a contravention of a provision of the Code of Conduct committed or alleged to have been committed before the coming into force of that section 29 unless

        • (a) informal disciplinary action has been taken under section 41 of that Act in respect of the contravention before that coming into force; or

        • (b) a hearing has been initiated under subsection 43(1) of that Act in respect of the contravention before that coming into force.

      • Clarification

        (2) Subsection (1) applies even if the person who committed or is alleged to have committed the contravention has ceased to be a member by reason of subsection 86(2).

  • — 2013, c. 18, s. 72

    • Discharge on grounds of unsuitability
      • 72 (1) No decision is to be made after the coming into force of section 33 in respect of a notice served under subsection 45.19(1) of the Royal Canadian Mounted Police Act before that coming into force.

      • Application of existing provisions

        (2) If a decision under section 45.23 of the Royal Canadian Mounted Police Act was made before the coming into force of section 33, the provisions of the Royal Canadian Mounted Police Act, and any rules and regulations made under that Act, as they read immediately before that coming into force, continue to apply in respect of that decision and any appeal of that decision, except that subsection 45.26(2) of the Royal Canadian Mounted Police Act is to be read as follows:

        • Decision on appeal

          (2) The Commissioner may dispose of an appeal under section 45.24 by

          • (a) dismissing the appeal and confirming the decision being appealed; or

          • (b) allowing the appeal and either ordering a new review of the case by a discharge and demotion board or making the finding that, in the Commissioner’s opinion, the discharge and demotion board should have made.

  • — 2013, c. 18, s. 73

    • Administrative discharge
      • 73 (1) No decision is to be made after the coming into force of section 13 in respect of a notice served under subsection 20(1) of the Royal Canadian Mounted Police Regulations, 1988 before the coming into force of that section 13.

      • Application of rules and regulations

        (2) If a decision under subsection 20(9) or section 21 of the Royal Canadian Mounted Police Regulations, 1988 was made before the coming into force of section 13, the provisions of the Royal Canadian Mounted Police Act, and any rules and regulations made under that Act, as they read immediately before that coming into force, continue to apply in respect of that decision and any grievance in respect of, or appeal of, that decision.

      • Clarification

        (3) Subsection (2) applies even if the person to whom the decision relates has ceased to be a member by reason of subsection 86(2).

  • — 2013, c. 18, s. 74

    • Voluntary resignation

      74 The voluntary resignation of any member of the Royal Canadian Mounted Police that had not been accepted before the coming into force of section 10 may be accepted by the Commissioner of the Royal Canadian Mounted Police or any person designated by the Commissioner and, if it is accepted, the resignation of the member is final and irrevocable on that acceptance.

  • — 2013, c. 18, s. 75

    • Discharge of deceased member

      75 A member of the Royal Canadian Mounted Police who died before the coming into force of section 11 and who had not been discharged from the Royal Canadian Mounted Police before that coming into force is deemed to have been so discharged immediately before that coming into force.

  • — 2013, c. 18, s. 76

    • Definitions
      • 76 (1) The following definitions apply in this section.

        former commission

        former commission means the Royal Canadian Mounted Police Public Complaints Commission established by subsection 45.29(1) of the Royal Canadian Mounted Police Act, as it read immediately before the coming into force of section 35. (ancienne commission)

        new commission

        new commission means the Civilian Review and Complaints Commission for the Royal Canadian Mounted Police established by subsection 45.29(1) of the Royal Canadian Mounted Police Act, as enacted by section 35. (nouvelle commission)

      • Members of former commission

        (2) All persons who hold office as Chairman, Vice-Chairman or member of the former commission immediately before the coming into force of section 35 cease to hold office on the day on which that section comes into force.

      • Employees

        (3) Nothing in this Act is to be construed as affecting the status of an employee who, immediately before the coming into force of this section, occupied a position in the former commission, except that the employee shall, on that coming into force, occupy his or her position in the new commission.

      • Definition of employee

        (4) In subsection (3), employee has the same meaning as in subsection 2(1) of the Public Service Employment Act.

      • Transfer of appropriations

        (5) Any amount appropriated, for the fiscal year in which this section comes into force, by an appropriation Act based on the Estimates for that year for defraying the charges and expenses of the former commission that, on that coming force, is unexpended is deemed, on that coming into force, to be an amount appropriated for defraying the charges and expenses of the new commission.

      • Rights and obligations transferred

        (6) All rights and property held by or in the name of or in trust for the former commission and all obligations and liabilities of the former commission are deemed to be rights, property, obligations and liabilities of the new Commission.

      • References

        (7) Every reference to the former commission in a deed, contract or other document executed by the former commission in its own name is to be read as a reference to the new commission, unless the context requires otherwise.

      • Continuation of proceedings

        (8) Any action, suit or other legal or administrative proceeding to which the former commission is a party that is pending on the coming into force of this section may be continued by or against the new commission in a similar manner and to the same extent as it would have been continued by or against the former commission.

      • Complaints under section 45.35 or 45.37

        (9) Any complaint made under 45.35 or 45.37 of the Royal Canadian Mounted Police Act that has not been disposed of or resolved by the former commission before the coming into force of section 35 may be disposed of or resolved by the new commission in accordance with the provisions of Part VII of that Act, as enacted by that section 35.

      • Complaints under section 45.49

        (10) If Bill C-38, introduced in the 1st session of the 41st Parliament and entitled the Jobs, Growth and Long-term Prosperity Act (in this subsection referred to as the “other Act”) receives royal assent and section 369 of the other Act comes into force before section 35 of this Act, any complaint made under section 45.49 of the Royal Canadian Mounted Police Act that has not been disposed of or resolved by the former commission before the coming into force of that section 35 may be disposed of or resolved by the new commission in accordance with the provisions of Part VII.2 of the Royal Canadian Mounted Police Act.

  • — 2013, c. 18, s. 86

  • — 2017, c. 9, s. 61

    • Definitions
      • 61 (1) The following definitions apply in this section and sections 62 to 64.

        former Act

        former Act means the Public Service Labour Relations Act, as it read immediately before the coming into force of section 2. (ancienne loi)

        member

        member has the same meaning as in subsection 2(1) of the Royal Canadian Mounted Police Act. (membre)

        reservist

        reservist means a person who is appointed as a reservist under regulations made under subsection 11(1) of the Royal Canadian Mounted Police Act. (réserviste)

      • Same meaning

        (2) Unless the context requires otherwise, words and expressions used in sections 62 to 64 have the same meaning as in subsection 2(1) of the former Act.

  • — 2017, c. 9, s. 62

    • Individual grievances
      • 62 (1) Any individual grievance presented by a member under subsection 208(1) of the former Act, before the day on which section 238.24 of the Federal Public Sector Labour Relations Act, as enacted by section 33, comes into force, that is not related to the interpretation or application, in respect of the member, of a provision of a collective agreement or arbitral award, is deemed never to have been presented, and any decision made in respect of such a grievance or any decision made on a review of the decision is deemed never to have had effect.

      • Extension of limitation period

        (2) For the purpose of presenting a grievance or taking any other process of redress under the Royal Canadian Mounted Police Act, and despite any provision of that Act, if an individual grievance has been deemed under subsection (1) never to have been presented, or if any decision on such a grievance has been deemed under that subsection never to have had effect, the member who presented the individual grievance has, if the subject matter of the grievance or other redress is the same as the subject matter of the individual grievance, 30 days from the day on which section 33 comes into force to present that grievance or to take that other process of redress.

      • Limitation

        (3) Subsection (2) applies only in the case of an individual grievance that, if it had been presented under the Royal Canadian Mounted Police Act or if another process of redress under that Act had been taken, would have been presented within the time established under that Act to present the grievance or take the other process of redress.

  • — 2017, c. 9, s. 63

    • Existing applications for certification
      • 63 (1) If, before the day on which section 238.13 of the Federal Public Sector Labour Relations Act, as enacted by section 33, comes into force, an employee organization makes an application under section 54 of the former Act to be certified as bargaining agent for a group of employees that includes employees who are members appointed to a rank, or employees who are reservists, the employee organization must not be certified as bargaining agent for the group, unless

        • (a) the group consists exclusively of all the employees who are members appointed to a rank, other than officers as defined in subsection 2(1) of the Royal Canadian Mounted Police Act, and all the employees who are reservists; and

        • (b) the employee organization — and, in the case of a council of employee organizations, each employee organization forming the council — meets the following requirements:

          • (i) it has as its primary mandate the representation of employees who are members appointed to a rank, other than officers as defined in subsection 2(1) of the Royal Canadian Mounted Police Act,

          • (ii) it is not affiliated with a bargaining agent or other association that does not have as its primary mandate the representation of police officers, and

          • (iii) it is not certified as the bargaining agent for any other group of employees.

      • Clarification

        (2) For greater certainty, for the purposes of subsection (1), participation by an employee organization in the National Joint Council is not considered to be an affiliation with a bargaining agent or other association that does not have as its primary mandate the representation of police officers.

      • Certification of no effect

        (3) If an employee organization is certified as the bargaining agent for a bargaining unit contrary to subsection (1), that decision or any decision made on a review of the decision is deemed never to have had effect.

      • Certification in respect of any other group

        (4) If, before the day on which section 33 comes into force, an employee organization that meets the requirements set out in paragraph (1)(b) is certified as the bargaining agent for the group described in paragraph (1)(a), any decision made before that day in respect of an application made by that employee organization to be certified as bargaining agent for any other group of employees is deemed never to have had effect.

      • Existing application for certification

        (5) If, before the day on which section 33 comes into force, an employee organization that meets the requirements set out in paragraph (1)(b) is certified as the bargaining agent for the bargaining unit composed of the group described in paragraph (1)(a), on that day, the employee organization’s application for certification made under section 54 of the former Act is deemed to have been an application for certification made under subsection 238.13(1) of the Federal Public Sector Labour Relations Act, as enacted by section 33, instead of under that section 54, and that bargaining unit is deemed to have been determined under section 238.14 of the Federal Public Sector Labour Relations Act.

      • Existing application for certification

        (6) If, on or after the day on which section 33 comes into force, an employee organization that meets the requirements set out in paragraph (1)(b) is certified as the bargaining agent for the bargaining unit composed of the group described in paragraph (1)(a), and the employee organization made the application for certification under section 54 of the former Act, on being so certified the employee organization’s application for certification is deemed to have been an application for certification made under subsection 238.13(1) of the Federal Public Sector Labour Relations Act, as enacted by section 33, instead of under that section 54, and that bargaining unit is deemed to have been determined under section 238.14 of the Federal Public Sector Labour Relations Act.

  • — 2017, c. 9, s. 64

    • Membership in bargaining unit — members and reservists
      • 64 (1) Any application that is made under section 58 of the former Act before the day on which section 238.16 of the Federal Public Sector Labour Relations Act, as enacted by section 33, comes into force, in regards to whether members appointed to a rank or reservists are included in a bargaining unit, other than a bargaining unit composed of the group described in paragraph 63(1)(a), is deemed never to have been made, and any decision made in respect of the application or on any review of the decision is deemed never to have had effect.

      • Membership in bargaining unit — other employees

        (2) Any application that is made under section 58 of the former Act before the day on which section 238.16 of the Federal Public Sector Labour Relations Act, as enacted by section 33, comes into force, in regards to whether any employee other than a member appointed to a rank or a reservist is included in a bargaining unit composed of the group described in paragraph 63(1)(a) for which an employee organization that meets the requirements set out in paragraph 63(1)(b) is certified as the bargaining agent, is deemed never to have been made, and any decision made in respect of the application or on any review of the decision is deemed never to have had effect.

  • — 2017, c. 9, s. 65

    • Published date

      65 As of the date published by the Treasury Board in the Canada Gazette under subsection 86(1) of the Enhancing Royal Canadian Mounted Police Accountability Act, a reference in subsections 63(1) and 64(1) and (2) to a member appointed to a rank is to be read as a reference to a member.

  • — 2019, c. 29, s. 223

    • Continuation of members

      223 If an Order entitled Order in Council Establishing the Interim Management Advisory Board for the Royal Canadian Mounted Police and Setting Out Its Mandate is made before the day on which section 45.19 of the Royal Canadian Mounted Police Act, as enacted by section 222 of this Act, comes into force, each member of the Interim Management Advisory Board for the Royal Canadian Mounted Police established by that Order who holds office immediately before the day on which that section 45.19 comes into force continues in office, as if they had been appointed under that section 45.19, for the remainder of the term for which they had been appointed.

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