Enhancing Royal Canadian Mounted Police Accountability Act (S.C. 2013, c. 18)
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Assented to 2013-06-19
Enhancing Royal Canadian Mounted Police Accountability Act
S.C. 2013, c. 18
Assented to 2013-06-19
An Act to amend the Royal Canadian Mounted Police Act and to make related and consequential amendments to other Acts
SUMMARY
This enactment enhances the accountability of the Royal Canadian Mounted Police by reforming the Royal Canadian Mounted Police Act in two vital areas. First, it strengthens the Royal Canadian Mounted Police review and complaints body and implements a framework to handle investigations of serious incidents involving members. Second, it modernizes discipline, grievance and human resource management processes for members, with a view to preventing, addressing and correcting performance and conduct issues in a timely and fair manner.
It establishes a new complaints commission, the Civilian Review and Complaints Commission for the Royal Canadian Mounted Police (CRCC). Most notably, it sets out the authority for the CRCC to have broad access to information in the control or possession of the Royal Canadian Mounted Police, it sets out the CRCC’s investigative powers, it permits the CRCC to conduct joint complaint investigations with other police complaints bodies and it authorizes the CRCC to undertake policy reviews of the Royal Canadian Mounted Police.
It establishes a mechanism to improve the transparency and accountability of investigations of serious incidents (death or serious injury) involving members, including referring the investigations to provincial investigative bodies when possible and appointing independent civilian observers to assess the impartiality of the investigations when they are carried out by the Royal Canadian Mounted Police or another police service.
It modernizes the Royal Canadian Mounted Police’s human resources management regime. In particular, it authorizes the Commissioner to act with respect to staffing, performance management, disputes relating to harassment and general human resource management.
It grants the Commissioner the authority to establish a consolidated dispute resolution framework with the flexibility to build redress processes through policies or regulations. It provides for a disciplinary process that will empower managers or other persons acting as conduct authorities to impose a wide range of conduct measures in response to misconduct and that requires conduct hearings only in cases when dismissal is being sought.
It also contains a mechanism to deem certain members as being persons appointed under the Public Service Employment Act at a time to be determined by the Treasury Board.
Preamble
Whereas Canadians should have confidence in their national police force;
Whereas civilian review is vital to promoting transparency and public accountability of law enforcement;
Whereas civilian review should enhance the accountability of the Royal Canadian Mounted Police to provincial governments that have entered into arrangements for the use or employment of the Royal Canadian Mounted Police;
Whereas all members of the Royal Canadian Mounted Police are responsible for the promotion and maintenance of good conduct and are guided by a Code of Conduct that reflects the expectations and values of Canadians;
And whereas the Government of Canada is committed to the provision of a framework that will serve to enhance the accountability of the Royal Canadian Mounted Police and support its continued modernization;
Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
SHORT TITLE
Marginal note:Short title
1. This Act may be cited as the Enhancing Royal Canadian Mounted Police Accountability Act.
PART 1R.S., c. R-10ROYAL CANADIAN MOUNTED POLICE ACT
Amendments to the Act
Marginal note:R.S., c. 8 (2nd Supp.), s. 1
2. (1) The definition “appropriate officer” in subsection 2(1) of the Royal Canadian Mounted Police Act is repealed.
Marginal note:R.S., c. 8 (2nd Supp.), s. 1
(2) The definitions “Commission Chairman” and “Committee Chairman” in subsection 2(1) of the English version of the Act are repealed.
Marginal note:R.S., c. 8 (2nd Supp.), s. 1
(3) The definition “Commission” in subsection 2(1) of the Act is replaced by the following:
“Commission”
« Commission »
“Commission” means the Civilian Review and Complaints Commission for the Royal Canadian Mounted Police established by subsection 45.29(1);
Marginal note:R.S., c. 8 (2nd Supp.), s. 1
(4) The definitions “member”, “officer” and “representative” in subsection 2(1) of the Act are replaced by the following:
“member”
« membre »
“member” means any person who has been appointed under section 5 or subsection 6(3) or (4) or 7(1) and who is employed with the Force;
“officer”
« officier »
“officer” means a member appointed under section 5 or subsection 6(3) or (4);
“representative”
« représentant »
“representative” means a person who is representing or assisting a member or a conduct authority under section 47.1.
(5) Subsection 2(1) of the Act is amended by adding the following in alphabetical order:
“conduct authority”
« autorité disciplinaire »
“conduct authority”, in respect of a member, means a person designated under subsection (3) in respect of the member;
(6) Subsection 2(1) of the Act is amended by adding the following in alphabetical order:
“proceedings”
« procédure »
“proceedings”, in relation to the Commission, means any investigation or hearing conducted by the Commission with respect to a complaint made under Part VII;
Marginal note:R.S., c. 8 (2nd Supp.), s. 1
(7) Subsection 2(3) of the Act is replaced by the following:
Marginal note:Designation
(3) The Commissioner may designate any person to be a conduct authority in respect of a member either for the purposes of this Act generally or for the purposes of any particular provision of this Act.
Marginal note:R.S., c. 8 (2nd Supp.), s. 2(1)
3. (1) Subsection 5(1) of the Act is replaced by the following:
Marginal note:Appointment
5. (1) The Governor in Council may appoint an officer, to be known as the Commissioner of the Royal Canadian Mounted Police, to hold office during pleasure, who, under the direction of the Minister, has the control and management of the Force and all matters connected with the Force.
Marginal note:R.S., c. 8 (2nd Supp.), s. 2(2)
(2) Subsection 5(2) of the Act is replaced by the following:
Marginal note:Delegation
(2) The Commissioner may delegate to any member, subject to any terms and conditions that the Commissioner directs, any of the Commissioner’s powers, duties or functions under this Act, except the power to delegate under this subsection, the power to make rules under this Act and the powers, duties or functions under subsections 45.46(1) and (2).
(3) Subsection 5(2) of the Act is replaced by the following:
Marginal note:Delegation
(2) The Commissioner may delegate to any member any of the Commissioner’s powers, duties or functions under this Act, except the power to delegate under this subsection, the power to make rules under this Act and the powers, duties or functions under section 32 (in relation to any type of grievance prescribed under subsection 33(4)), subsections 42(4) and 43(1), section 45.16, subsection 45.19(5), section 45.26 and subsections 45.4(5) and 45.41(10).
4. The heading before section 6 of the Act is replaced by the following:
Officers and Members
Marginal note:R.S., c. 8 (2nd Supp.), s. 3(2) and par. 24(2)(a)(E)
5. Subsection 6(3) of the Act is replaced by the following:
Marginal note:Appointment of Deputy Commissioners
(3) The Governor in Council may appoint any person to the rank of Deputy Commissioner to hold office during pleasure.
Marginal note:Appointment of other officers
(4) The Commissioner may appoint any person to any other rank of officer and, by way of promotion, appoint an officer to a higher rank, other than to the rank of Deputy Commissioner.
Marginal note:Commissions
(5) The Governor in Council may authorize the issue of a commission under the Great Seal to an officer on the officer’s first appointment to the rank of an officer or on the recommendation of the Commissioner.
Marginal note:R.S., c. 8 (2nd Supp.), s. 4; R.S., c. 1 (4th Supp.), s. 45 (Sch. III, subitem 11(1))(F)
6. The heading before section 7 of the Act is repealed.
7. The Act is amended by adding the following before section 7:
Marginal note:Commanding Officers
6.1 (1) The Governor in Council may, in respect of each Division of the Force, on the recommendation of the Minister, designate an officer to be the Division’s Commanding Officer to hold office during pleasure.
Marginal note:Recommendation
(2) The Minister’s recommendation is to be made on the recommendation of the Commissioner.
Marginal note:Absence or incapacity
(3) In the event of the absence or incapacity of a Commanding Officer or if a position of Commanding Officer is vacant, the Commissioner may authorize another officer to act as the Commanding Officer, but no officer may act as the Commanding Officer for more than 180 days without the Governor in Council’s approval.
Marginal note:Termination of designation
(4) An officer who holds office as a Commanding Officer ceases to hold that office if the officer ceases to be an officer but nothing in this subsection precludes the termination of the officer’s designation for any other reason.
Marginal note:R.S., c. 8 (2nd Supp.), s. 4; R.S., c. 1 (4th Supp.), s. 45 (Sch. III, subitem 11(2))(F)
8. (1) Subsection 7(1) of the Act is replaced by the following:
Marginal note: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 an officer to a higher rank, other than to the rank of Deputy Commissioner, or to a higher level, for which there is a vacancy.
(2) Subsection 7(1) of the Act is replaced by the following:
Marginal note: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.
Marginal note:R.S., c. 8 (2nd Supp.), s. 4
(3) Subsection 7(2) of the Act is replaced by the following:
Marginal note: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.
Marginal note:R.S., c. 8 (2nd Supp.), s. 4; R.S., c. 1 (4th Supp.), s. 45 (Sch. III, subitem 11(3))(F)
(4) Subsections 7(3) to (5) of the Act are repealed.
Marginal note:R.S., c. 8 (2nd Supp.), s. 4; R.S., c. 1 (4th Supp.), s. 45 (Sch. III, subitem 11(4))(F)
9. Sections 8 and 9 of the Act are replaced by the following:
Marginal note:Duration of appointment
8. (1) The term of a member’s appointment under subsection 6(4) or 7(1) is indeterminate unless the Commissioner specifies that it is for a fixed period.
Marginal note:Expiry of fixed period
(2) A member whose appointment is for a fixed period ceases to be a member at the expiry of that period or of any extension made under subsection (3).
Marginal note:Extension
(3) The Commissioner may extend the period of the term of a member whose appointment is for a fixed period. The extension does not constitute an appointment under subsection 6(4) or 7(1).
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