Enhancing Royal Canadian Mounted Police Accountability Act (S.C. 2013, c. 18)
Full Document:
Assented to 2013-06-19
10. The Act is amended by adding the following after section 9.1:
Revocation
Marginal note: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 or level, 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.
Probation
Marginal note:Probationary period
9.3 (1) A person appointed as a member is on probation for a period established by rules of the Commissioner.
Marginal note:Clarification
(2) A member’s probationary period is not terminated by any appointment, demotion or transfer from one position to another during that period.
Marginal note:Discharge
9.4 (1) While a member is on probation, the Commissioner may discharge the member by notifying the member that the member will be discharged at the end of the notice period established by rules of the Commissioner. The member ceases to be a member at the end of that notice period.
Marginal note:Compensation in lieu of notice
(2) Instead of giving the notice referred to in subsection (1), the Commissioner may notify the member that the member is discharged on the date specified by the Commissioner and that the member will be paid an amount equal to the salary the member would have been paid during the notice period referred to in subsection (1). The member ceases to be a member at that specified date.
Resignation
Marginal note:Resignation
9.5 A member may resign from the Force by giving the Commissioner notice in writing of their intention to resign, and the member ceases to be a member on the date specified by the Commissioner in writing on accepting the resignation.
Supernumerary Special Constables
Marginal note:Appointment
9.6 (1) The Commissioner may, on the request of any department as defined in section 2 of the Financial Administration Act or if he or she considers it necessary or in the public interest, appoint, for periods of not more than 12 months, special constables supernumerary to the strength of the Force for the purpose of maintaining law and order.
Marginal note:Revocation of appointment
(2) The Commissioner may at any time revoke the appointment of any supernumerary special constable.
Marginal note:No entitlement to pecuniary privileges or benefits
(3) Supernumerary special constables are not entitled to any pecuniary privileges or benefits under this Act.
Marginal note:R.S., c. 8 (2nd Supp.), ss. 5 to 7
11. Sections 10 to 12.1 of the Act are replaced by the following:
Marginal note:Appointment or employment
10. The civilian employees that are necessary for carrying out the functions and duties of the Force shall be appointed or employed under the Public Service Employment Act.
Reserve
Marginal note:Establishment
11. (1) The Governor in Council may make regulations providing for the establishment of a Royal Canadian Mounted Police Reserve, for the appointment of persons as reservists and for defining their powers, duties and functions.
Marginal note:Application of this Act to Reserve
(2) Except as provided by the regulations made under subsection (1), this Act does not apply to reservists.
Marginal note:Royal Canadian Mounted Police Superannuation Act
(3) Despite subsection 3(3) of the Royal Canadian Mounted Police Superannuation Act, for the purposes of that Act, the Public Service Superannuation Act and the Canadian Forces Superannuation Act, a reservist is not deemed to be employed in the public service, as defined in subsection 3(1) of the Royal Canadian Mounted Police Superannuation Act.
Peace Officers
Marginal note:Officers
11.1 (1) Every officer is a peace officer in every part of Canada and has all the powers, authority, protection and privileges that a peace officer has by law until the officer ceases to be an officer.
Marginal note:Designation of others as peace officers
(2) The Commissioner may designate any member, other than an officer, any supernumerary special constable appointed under subsection 9.6(1), any person appointed as a reservist under the regulations and any other person who is under the Commissioner’s jurisdiction as a peace officer.
Marginal note:Powers, authority, etc.
(3) Every person designated under subsection (2) has the same powers, authority, protection and privileges as officers under subsection (1) until the person’s designation expires or is revoked or the designated person ceases to be a member, supernumerary special constable or reservist, or a person under the Commissioner’s jurisdiction, as the case may be.
Certificates
Marginal note:Certificates
11.2 (1) The Commissioner may issue
(a) a certificate to any member stating that the person to whom it is issued is a member of the Force and, if that person is also a peace officer, that the person is a peace officer; and
(b) a certificate to any other person under the Commissioner’s jurisdiction stating that the person to whom it is issued is a peace officer, if that person has been designated as such under subsection 11.1(2).
Marginal note:Evidence of appointment or designation
(2) Any document purporting to be a certif-icate referred to in subsection (1) is evidence in all courts and in all proceedings of the facts stated in it.
Suspension
Marginal note:Suspension
12. Every member who has contravened, is found contravening or is suspected of contravening any provision of the Code of Conduct or of an Act of Parliament, or of the legislature of a province, may be suspended from duty by the Commissioner.
12. The Act is amended by adding the following after section 20:
Human Resource Management
Marginal note:Treasury Board’s powers
20.1 In addition to its powers under section 11.1 of the Financial Administration Act, the Treasury Board may determine categories of members in the exercise of its human resources management responsibilities under paragraph 7(1)(e) of that Act.
13. Section 20.1 of the Act is replaced by the following:
Marginal note:Treasury Board’s powers
20.1 In addition to its powers under section 11.1 of the Financial Administration Act, the Treasury Board may, in the exercise of its human resources management responsibilities under paragraph 7(1)(e) of that Act,
(a) determine categories of members; and
(b) establish policies or issue directives respecting the exercise of the powers granted to the Commissioner by paragraphs 20.2(1)(h) and (i) and the reporting by the Commissioner in respect of the exercise of those powers.
Marginal note:Commissioner’s powers
20.2 (1) The Commissioner may
(a) determine the learning, training and development requirements of members and fix the terms on which the learning, training and development may be carried out;
(b) provide for the awards to be made to members for outstanding performance of their duties, for other meritorious achievement in relation to their duties or for inventions or practical suggestions for improvements;
(c) require a member to undergo a medical examination or an assessment by a qualified person specified by the Commissioner for the purpose of establishing the member’s ability to perform their duties or to participate in conduct related proceedings, other than a hearing initiated under subsection 41(1);
(d) recommend the discharge of any Deputy Commissioner whose performance, in the opinion of the Commissioner, is unsatisfactory;
(e) discharge or demote any member, other than a Deputy Commissioner, whose performance, in the Commissioner’s opinion, is unsatisfactory;
(f) recommend the discharge of any Deputy Commissioner for reasons other than a contravention of any provision of the Code of Conduct;
(g) discharge or demote any member, other than a Deputy Commissioner, for reasons other than a contravention of any provision of the Code of Conduct;
(h) recommend the discharge of any Deputy Commissioner to whom an offer of employment is made as the result of the transfer of any work, undertaking or business from the Force to any other entity;
(i) discharge any member, other than a Deputy Commissioner, to whom an offer of employment is made as the result of the transfer of any work, undertaking or business from the Force to any other entity;
(j) recommend the discharge of any Deputy Commissioner for the promotion of economy and efficiency in the Force;
(k) discharge any member, other than a Deputy Commissioner, for the promotion of economy and efficiency in the Force; and
(l) establish procedures to investigate and resolve disputes relating to alleged harassment by a member.
Marginal note:For cause
(2) The recommendation for discharge under paragraph (1)(d) or (f), and the discharge or demotion under paragraph (1)(e) or (g), of a member may only be for cause.
Marginal note:Delegation
(3) Despite subsection 5(2), the Commissioner may delegate to any person under the Commissioner’s jurisdiction, subject to any terms and conditions that the Commissioner directs, any of the Commissioner’s powers under subsection (1).
Marginal note:Sub-delegation
(4) Any person to whom powers are delegated under subsection (3) may, subject to and in accordance with the delegation, sub-delegate any of those powers to any other person under the Commissioner’s jurisdiction.
Marginal note:R.S., c. 8 (2nd Supp.), s. 12
14. (1) Paragraphs 21(1)(a) and (b) of the Act are replaced by the following:
(a) respecting the exercise of the Commissioner’s powers under any of paragraphs 20.2(1)(a) to (g) and (j) to (l);
(b) for the organization, conduct, performance of duties, discipline, efficiency, administration or good government of the Force;
(b.1) respecting the qualifications of persons who are not under the Commissioner’s jurisdiction who may be designated under subsection 2(3) and the circumstances under which they may be designated;
(b.2) respecting the appointment of persons to conduct boards established under section 43 and the qualification of the persons who may be appointed;
(b.3) respecting the period during which records relating to investigations and proceedings under Part IV are to be retained;
(b.4) respecting the service of documents required or authorized to be served under this Act including the manner and proof of service and the circumstances under which documents are to be considered to be served; and
Marginal note:R.S., c. 8 (2nd Supp.), s. 12
(2) Subsection 21(2) of the Act is replaced by the following:
Marginal note:Rules
(2) Subject to the provisions of this Act and the regulations, the Commissioner may make rules
(a) prescribing a probationary period for the purposes of subsection 9.3(1);
(b) respecting the decision to discharge a member under section 9.4 and the making of a complaint procedure in relation to the decision;
(c) prescribing a notice period for the purposes of subsection 9.4(1);
(d) respecting the Commissioner’s authority under subsection 22(2) to direct the stoppage of pay and allowances of members;
(e) respecting the application of any of paragraphs 20.2(1)(a), (b), (c) and (l);
(f) respecting the making of a decision to recommend the discharge of a Deputy Commissioner under any of paragraphs 20.2(1)(d), (f) and (j);
(g) respecting the making of a decision to discharge or demote a member under any of paragraphs 20.2(1)(e), (g) and (k);
(h) defining “standardized test” for the purposes of subsection 31(4.1);
(i) respecting the performance by members of their duties;
(j) establishing basic requirements for the carrying on of a member’s duties as a member;
(k) respecting the conduct of members;
(l) respecting the designation of persons to be conduct authorities; and
(m) respecting the organization, efficiency or administration or good government of the Force.
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