Enhancing Royal Canadian Mounted Police Accountability Act (S.C. 2013, c. 18)
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Assented to 2013-06-19
Marginal note:2006, c. 9, s. 201
63. Subsections 21.8(5) to (7) of the Act are replaced by the following:
Marginal note:Restriction — RCMP
(5) The disciplinary action that the Tribunal may order with respect to a member of the Royal Canadian Mounted Police is limited to a conduct measure established under paragraph 39.1(a), or a conduct measure referred to in paragraph 45(4)(a) or (b), of the Royal Canadian Mounted Police Act, or any combination of them.
Marginal note:Royal Canadian Mounted Police Act
(6) The Tribunal may make an order under subsection (1) in relation to a member of the Royal Canadian Mounted Police despite subsections 32(1) and 45.16(9) of the Royal Canadian Mounted Police Act.
Marginal note:Royal Canadian Mounted Police Act
(7) An order made under subsection (1) in relation to a member of the Royal Canadian Mounted Police may be implemented by the Governor in Council or Commissioner of the Royal Canadian Mounted Police despite Part IV of the Royal Canadian Mounted Police Act.
64. Subsection 23(2) of the Act is replaced by the following:
Marginal note:Royal Canadian Mounted Police Act
(2) For the purpose of subsection (1),
(a) the Commissioner of the Royal Canadian Mounted Police, or his or her delegate, is not acting as a law enforcement authority when taking any action under section 20.2 of the Royal Canadian Mounted Police Act; and
(b) a person or body dealing with a matter in the course of an investigation or proceeding under Part IV of that Act is not dealing with the matter as a law enforcement authority.
Marginal note:2006, c. 9, s. 203
65. Subsection 24(2) of the Act is replaced by the following:
Marginal note:Adjudicative decisions
(2) The Commissioner must refuse to deal with a disclosure or to commence an investigation if he or she is of the opinion that the subject matter of the disclosure or the investigation relates solely to a decision that was made in the exercise of an adjudicative function under an Act of Parliament, including a decision of the Commissioner of the Royal Canadian Mounted Police under Part IV of the Royal Canadian Mounted Police Act.
2006, c. 9, s. 2Conflict of Interest Act
66. Subparagraph (d)(vi) of the definition “public office holder” in subsection 2(1) of the Conflict of Interest Act is replaced by the following:
(vi) a Deputy Commissioner of the Royal Canadian Mounted Police;
Transitional Provisions
Marginal note: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.
Marginal note: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.
Marginal note: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.
Marginal note: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).
Marginal note: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
Marginal note: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.
Marginal note: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.
Marginal note: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.
Marginal note: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).
Marginal note: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.
Marginal note: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).
Marginal note: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.
Marginal note: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:
Marginal note: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.
Marginal note: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.
Marginal note: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.
Marginal note: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).
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