Royal Canadian Mounted Police Regulations, 2014 (SOR/2014-281)

Interpretation

Marginal note:Definitions

1 The following definitions apply in these Regulations.

Act

Act means the Royal Canadian Mounted Police Act. (Loi)

civilian member

civilian member means a person who is appointed to a level in the Force under subsection 7(1) of the Act. (membre civil)

common-law partner

common-law partner, in relation to an individual, means a person who is cohabiting with the individual in a conjugal relationship, having so cohabited for a period of at least one year. (conjoint de fait)

post

post means a place where a member is assigned, either permanently or temporarily. (poste)

regular member

regular member means a person who is appointed to a rank in the Force and includes a special constable. (membre régulier)

Reserve

Reserve means the Royal Canadian Mounted Police Reserve established under subsection 11(1) of the Act. (réserve)

reservist

reservist means a person who is appointed to the Reserve under subsection 7(2). (réserviste)

special constable

special constable means a person who was appointed before June 30, 1988 to the rank of special constable. (gendarme spécial)

special constable member

special constable member means a person who is appointed, on or after June 30, 1988, to the rank of special constable member. (membre spécial)

PART 1Organization and Administration

Divisions

Marginal note:Composition of divisions

• 2 (1) The Force is to be divided by the Minister into divisions. In addition to the Commanding Officer, who may be designated by the Governor in Council, each division is composed of members and personnel as the Commissioner directs.

• Marginal note:Division headquarters

  (2) The headquarters of a division is to be located where the Minister directs.

Marginal note:Force headquarters

3 For the purposes of administration, the headquarters of the Force and of the divisions are to be organized as the Commissioner directs.

Marginal note:Organizational components

4 The Commissioner may

• (a) direct that a division be divided into organizational components consisting of the members and personnel that are necessary;

• (b) establish the name of each organizational component and direct where its headquarters is to be located; and

• (c) direct that divisions or any of their organizational components be grouped together.

Command

Marginal note:Designation of Commanding Officer

5 Standards and procedures for the Commissioner’s recommendation to the Minister for the designation of a Commanding Officer are subject to approval by the Commissioner.

Marginal note:Command precedence

6 In the absence of the person in command or in charge of a post, the command or charge of a post is, unless the Commissioner directs otherwise, to be determined in accordance with the order of precedence set out in section 12.

Royal Canadian Mounted Police Reserve

Marginal note:Establishment

• 7 (1) The Royal Canadian Mounted Police Reserve is established.

• Marginal note:Organization of Reserve

  (2) The Reserve is to be organized as the Commissioner directs and is to consist of those persons that the Commissioner appoints, up to a maximum number as determined by Treasury Board.

• Marginal note:Appointment

  (3) The Commissioner may appoint reservists for a period of not more than three years and may revoke their appointment at any time.

Marginal note:Qualifications

8 A person may be appointed as a reservist only if they are of good character and meet any other qualifications for appointment to the Reserve as determined by the Commissioner.

Marginal note:Training or duty

• 9 (1) The Commissioner may call up a reservist for training or duty when the Commissioner considers it to be necessary.

• Marginal note:Pay and allowances

  (2) A reservist who is called up for training or duty is to be paid the pay and allowances determined by Treasury Board.

Marginal note:Duties of reservist

10 A reservist who has been designated as a peace officer when called up for duty has the duties set out under section 18 of the Act and section 14.

Marginal note:Resignation

• 11 (1) A reservist may resign by giving the Commissioner notice in writing of their resignation, and they cease to be a reservist on the date specified by the Commissioner in writing on accepting the resignation.

• Marginal note:Refusal

  (2) The Commissioner may refuse to permit a reservist to resign and must notify them, in writing, of the reasons for refusing to permit the resignation.

Ranks and Levels

Marginal note:Precedence of ranks and levels

• 12 (1) Unless the Commissioner directs otherwise, precedence for regular members, other than special constables, is to be taken in the following order of rank:

  • (a) Commissioner;

  • (b) Deputy Commissioner;

  • (c) Assistant Commissioner;

  • (d) Chief Superintendent;

  • (e) Superintendent;

  • (f) Inspector;

  • (g) Corps Sergeant-Major;

  • (h) Sergeant-Major;

  • (i) Staff Sergeant-Major;

  • (j) Staff Sergeant;

  • (k) Sergeant;

  • (l) Corporal;

  • (m) Constable.

• Marginal note:Precedence within ranks and levels

  (2) Precedence within the ranks and levels for members is to be determined by the date on which a member is appointed or promoted to a rank or level.

• Marginal note:Order of precedence

  (3) The Commissioner must determine the order of precedence between the ranks of special constables, between the ranks of special constable members and between the levels of civilian members.

Marginal note:Change of rank, level or category

13 If a member, other than a Deputy Commissioner, requests a reversion to a lower rank or level or a change from the member’s present category to that of regular member, special constable member or civilian member, the Commissioner may approve that request if there is an appropriate vacancy.

Duties

Marginal note:Duties

• 14 (1) In addition to the duties set out in the Act, it is the duty of members who are peace officers to

  • (a) enforce all Acts of Parliament and regulations and render assistance to departments of the Government of Canada as the Minister directs;

  • (b) maintain law and order in Yukon, the Northwest Territories, Nunavut, national parks and other areas that the Minister designates;

  • (c) maintain law and order in those provinces and municipalities with which the Minister has entered into an arrangement under section 20 of the Act and carry out the other duties that are specified in those arrangements;

  • (d) guard and protect any property of Her Majesty in right of Canada or under Her Majesty’s control or custody that the Minister designates;

  • (e) protect, inside or outside Canada, whether or not there is an imminent threat to their security,

    • (i) the Governor General,

    • (ii) the Prime Minister of Canada,

    • (iii) judges of the Supreme Court of Canada,

    • (iv) ministers of the Crown in right of Canada, and

    • (v) any other Canadian citizen or permanent resident, as defined in subsection 2(1) of the Immigration and Refugee Protection Act, who is designated by the Minister for the period designated by the Minister;

  • (f) protect, inside Canada, whether or not there is an imminent threat to their security,

    • (i) any person who qualifies as an internationally protected person, as defined in section 2 of the Criminal Code, and

    • (ii) any other foreign national who is designated by the Minister for the period designated by the Minister; and

  • (g) ensure, in accordance with any agreement between the Commissioner and the Clerk of the Privy Council, the security for the proper functioning of

    • (i) any meeting of the first ministers of the provinces and the Prime Minister of Canada that is convened by the Prime Minister of Canada, and

    • (ii) any meeting of Cabinet that is not held on Parliament Hill.

• Marginal note:Assessment by Force

  (2) The duties described in paragraphs (1)(e) and (f) are to be carried out in accordance with the Force’s assessment of the threat or risk to the security of the person.

Service of Documents

Marginal note:Methods of service

• 15 (1) A document that is required to be served under the Act must be served as soon as feasible. It may be served personally, by mail, by courier or by electronic means.

• Marginal note:Personal service

  (2) Personal service of a document on an individual is effected by delivering it by hand

  • (a) to the individual or to a person who has attained the age of majority, who is not under a legal disability and who is residing at the individual’s place of residence; or

  • (b) if the individual is a minor or under a legal disability, to a person who has attained the age of majority, who is not under a legal disability and who is residing at the individual’s place of residence, or to the person who is acting on the individual’s behalf.

• Marginal note:Service by mail or courier

  (3) Service of a document on an individual by mail or a courier is effected

  • (a) by sending it by ordinary mail to the individual’s last known address, accompanied by an acknowledgement of receipt card;

  • (b) by sending it by registered mail to the individual’s last known address;

  • (c) by delivering the document by courier to the individual’s last known address; or

  • (d) if the individual is a minor or under a legal disability, by sending it by registered mail or delivering the document by courier to the last known address of the person who is acting on the individual’s behalf.

• Marginal note:Service by electronic means

  (4) Service of a document on an individual by electronic means is effected by sending it to the individual’s last known email address or, if the individual is a minor or under a legal disability, by sending it to the last known email address of the person who is acting on the individual’s behalf.

• Marginal note:Proof of service

  (5) Proof of service of a document on an individual is demonstrated by

  • (a) in the case of service by ordinary mail, an acknowledgement of receipt card signed by the individual or by a person who has attained the age of majority, who is not under a legal disability and who is acting on the individual’s behalf;

  • (b) in the case of service by registered mail, a post office receipt signed by the individual or by a person who has attained the age of majority, who is not under a legal disability and who is acting on the individual’s behalf;

  • (c) in the case of service by courier, an acknowledgement of receipt card signed by the individual or by a person who has attained the age of majority, who is not under a legal disability and who is acting on the individual’s behalf;

  • (d) in the case referred to in paragraph (3)(d), a post office receipt or an acknowledgement of receipt card signed by the person who is acting on the individual’s behalf;

  • (e) in the case of service by electronic means, an electronic acknowledgement of receipt from the individual or from a person who is acting on the individual’s behalf; and

  • (f) in all cases, an affidavit of service.

• Marginal note:Deemed service

  (6) In the absence of proof of service, the document is deemed to have been served on the seventh day after the day on which

  • (a) it was mailed;

  • (b) the party sending the document gave it to the courier to deliver; or

  • (c) it was electronically transmitted.

• Marginal note:Refusal to accept service

  (7) If the individual refuses to accept a document required to be served personally, personal service is deemed to have been effected at the time of the refusal, if the person attempting service

  • (a) records the refusal on the document; and

  • (b) leaves a copy of the document with the individual by any reasonable means.

• Marginal note:Late service

  (8) If the individual establishes that they were acting in good faith but, for reasons beyond their control, did not receive the document on the date on which it was served, a person required under the Act to make a decision may determine a different date for service or extend the time for service of the document.

• Marginal note:Alternative service

  (9) The Commissioner may permit alternate methods of service when a document is required to be served personally but personal service cannot feasibly be effected.

PART 2Grievances and Appeals

Marginal note:Prescription for subsection 31(3) of Act

16 For the purposes of subsection 31(3) of the Act, each position that reports to the Commissioner either directly or through one other person is prescribed.

Marginal note:Reference to Committee

17 Before an adjudicator, as defined in section 36 of the Commissioner’s Standing Orders (Grievances and Appeals), who is seized of any of the following appeals considers the appeal, the adjudicator must, subject to section 50 of those Standing Orders, refer it to the Committee:

• (a) an appeal by a complainant of a written decision referred to in subsection 6(1) and paragraph 6(2)(b) of the Commissioner’s Standing Orders (Investigation and Resolution of Harassment Complaints);

• (b) an appeal of a written decision revoking the appointment of a member under section 9.2 of the Act;

• (c) an appeal of a written decision discharging or demoting a member under paragraph 20.2(1)(e) of the Act;

• (d) an appeal of a written decision discharging or demoting a member under paragraph 20.2(1)(g) of the Act on the following grounds:

  • (i) disability, as defined in the Canadian Human Rights Act,

  • (ii) being absent from duty without authorization or having left an assigned duty without authorization, or

  • (iii) conflict of interest;

• (e) an appeal of a written decision ordering the stoppage of a member’s pay and allowances under paragraph 22(2)(b) of the Act.