Short Title

1 These Regulations may be cited as the Royal Canadian Mounted Police Regulations, 1988.

Interpretation

2 In these Regulations,

Act

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

civilian member

civilian member means a member who is appointed to a level in the Force; (membre civil)

designated officer

designated officer means an officer appointed by the Commissioner for the purposes of administrative discharge proceedings under these Regulations; (officier désigné)

living accommodation

living accommodation includes a dormitory, room in residence, apartment, house or other living space that is owned or leased by the Force for members and their dependents; (logement)

post

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

regular member

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

Reserve

Reserve means the Royal Canadian Mounted Police Reserve established pursuant to section 9; (réserve)

special constable

special constable means a special constable appointed before the date on which these Regulations come into force; (gendarme spécial)

special constable member

special constable member means a member who is appointed, on or after the date on which these Regulations come into force, to the rank of special constable member. (membre spécial)

PART IOrganization and Administration

Divisions

• 3 (1) The Force shall be divided into divisions, designated alphabetically or in such manner as the Minister directs, and each division shall be composed of a commanding officer and such other members and personnel as the Commissioner directs.

• (2) The headquarters for a division shall be located at such place as the Minister directs.

• 4 (1) A division may be divided by the Commissioner into subdivisions consisting of an officer in command and such other members and personnel as the Commissioner directs.

• (2) The headquarters of each subdivision shall be located at such place as the Commissioner directs.

• (3) Each subdivision shall be called by the name of the municipality in which the subdivision headquarters is located or by such other name as the Commissioner directs.

5 A division or subdivision may be divided by the Commissioner into one or more detachments or districts consisting of such members and other personnel as the Commissioner directs.

6 The Commissioner may, where the Commissioner considers it expedient to do so for purposes of administration, group divisions or subdivisions together into a region under the responsibility of a regional deputy Commissioner.

7 For the purposes of administration, the headquarters of the Force shall be divided as the Commissioner directs.

Command

8 In the absence of the person in command or the person in charge of a post, the command or charge of a post shall, unless the Commissioner directs otherwise, be exercised by the next senior regular member on staff in respect of that post as determined by the order of precedence for regular members in subsection 15(1).

Royal Canadian Mounted Police Reserve

• 9 (1) There is hereby established a Royal Canadian Mounted Police Reserve.

• (2) Subject to subsection (3), the Reserve shall be divided as the Commissioner directs and consist of such persons as the Commissioner may appoint.

• (3) The maximum number of persons in the Reserve shall be as determined by the Treasury Board.

• (4) A member of the Reserve shall be appointed for a period of not more than three years and may be dismissed at any time by the Commissioner.

• 10 (1) A member of the Reserve, where called up for training or duty, shall be deemed a member of the Force for the purposes of the Act and these Regulations, and the provisions of Part I of the Act apply to that Reserve member as though the Reserve member were a member.

• (2) A member of the Reserve, where called up for duty, has the powers, duties and functions of a regular member.

11 No person shall be appointed as a member of the Reserve unless the person is of good character, has the necessary physical qualities and meets such other qualifications for appointment to the Reserve as the Commissioner may, by rule, prescribe.

• 12 (1) The Commissioner may call up members of the Reserve for training or duty at such times as the Commissioner considers it expedient to do so, but no member of the Reserve shall be called up for training for more than three months in each year.

• (2) A member of the Reserve who is called up for training or duty shall hold the rank to which the member is appointed by the Commissioner and shall be paid the pay and allowances established for that rank.

• 13 (1) A member of the Reserve who wishes to resign from the Reserve before the expiration of the period for which the member has undertaken to serve shall at least one month prior to the projected date of resignation apply to the Commissioner in writing for permission to resign, setting out the reasons therefor.

• (2) The Commissioner may refuse to permit a member of the Reserve to resign from the Reserve and, if the Commissioner does so, the Commissioner shall notify the member, in writing, of the reasons for refusing to permit that resignation.

Honorary Chaplains

• 14 (1) The Minister may appoint honorary chaplains to the Force at such places and for such periods as the Minister considers appropriate.

• (2) An honorary chaplain may, with the approval of the Commissioner, be paid such amounts as the Treasury Board may establish.

Precedence

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

  • (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; and

  • (m) Constable.

• (2) Precedence for special constables, and within the rank of special constable member or the levels of civilian members, shall be taken in the order prescribed, by rule, by the Commissioner.

Change of Status

16 Where a member, other than an officer, requests a change of status by reversion in rank or status from the member’s present category to the category of regular member, special constable member or civilian member, the Commissioner may approve such a change of status where there is an appropriate vacancy in the establishment of the Force.

Duties

• 17 (1) In addition to the duties prescribed by the Act, it is the duty of members who are peace officers to

  • (a) enforce all Acts of Parliament and regulations made thereunder, and render such assistance to departments of the Government of Canada as the Minister may direct;

  • (b) maintain law and order in the Yukon Territory, the Northwest Territories and national parks and such other areas as the Minister may designate;

  • (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 such other duties as may be specified in those arrangements;

  • (d) guard and protect such buildings, installations, dock yards and other property of Her Majesty in right of Canada as the Minister may designate.

  • (e) protect, within 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 person who may be designated by the Minister for the period designated by the Minister, those designations to be based on an actual or apprehended threat to the security of the person;

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

    • (i) any person who qualifies under the definition internationally protected person in section 2 of the Criminal Code, and

    • (ii) any other person who may be designated by the Minister for the period designated by the Minister, those designations to be based on an actual or apprehended threat to the security of the person; and

  • (g) ensure, in accordance with any memorandum of understanding 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, or

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

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

18 In addition to the duties prescribed by the Act and by section 17, the Commissioner may prescribe, by rule, the duties of members who are not peace officers.

Administrative Discharge

19 A member, other than an officer, may be discharged from the Force, and it may be recommended that an officer be discharged from the Force, on any of the following grounds, namely,

• (a) physical or mental disability;

• (b) the serving of a term of imprisonment for an offence imposed by a court in or outside Canada;

• (c) the promotion of economy and efficiency in the Force;

• (d) voluntary retirement;

• (e) resignation;

• (f) abandonment of post;

• (g) the reaching of retirement age;

• (h) death; or

• (i) irregular appointment.

• 20 (1) Before a member is discharged, or an officer is recommended for discharge, on any grounds referred to in paragraph 19(a), (b), (c), (f) or (i), the designated officer shall serve that member or officer with a notice in writing of intention to discharge, or to recommend discharge, as the case may be.

• (2) A notice referred to in subsection (1) shall include

  • (a) particulars of the acts or omissions constituting the grounds on which it is intended to base the discharge of the member or the recommendation for discharge of the officer;

  • (b) a statement that the member or officer shall be given a full and ample opportunity to examine the material relied on in support of the discharge of the member or the recommendation for discharge of the officer; and

  • (c) a statement that the member or officer has the right to make written representations or submit documentation relating to the discharge or recommendation for discharge to the appropriate officer within 14 days after the date of service of the notice.

• (3) Subject to section 21 and subsection (4), the appropriate officer shall appoint and convene an administrative discharge board comprised of at least one officer and such other members as the appropriate officer considers necessary for the purpose of considering the discharge of a member or the recommendation for discharge of an officer.

• (4) For the purpose of considering the discharge of a member or the recommendation for discharge of an officer for one of the grounds referred to in paragraph 19(a), a medical board shall be appointed where required under section 28.

• (5) An administrative discharge board or a medical board shall consider the material provided by the designated officer in support of the discharge or recommendation for discharge and any written representations or documentation submitted by the member who is the subject of the proceedings, and report in writing its findings and recommendations to the appropriate officer and that member.

• (6) Where an administrative discharge board or medical board finds that there is a serious issue of credibility involved, the board may, at its discretion, hold a hearing.

• (6.1) [Repealed, SOR/95-535, s. 1]

• (7) Where an administrative discharge board or medical board exercises its discretion to hold a hearing, the proceedings before it shall be recorded and a record shall be kept of all evidence taken and all determinations and findings made in respect of the ground of discharge or recommendation for discharge being considered by the board.

• (8) An administrative discharge board or a medical board shall deal with all matters that come before it as informally and expeditiously as the circumstances and considerations of fairness and natural justice permit.

• (9) The appropriate officer shall consider the findings and recommendations of an administrative discharge board or a medical board or an agreement referred to in subsection 28(4) and may

  • (a) discharge the member or recommend the discharge of the officer; or

  • (b) order that the member or the officer be retained in the Force.

21 Where a member or an officer does not make written representations or submit documentation to the appropriate officer within the time limit set out in paragraph 20(2)(c) and where the ground for discharge is one referred to in paragraph 19(b), (c), (f) or (i), the appropriate officer shall consider the particulars of the acts or omissions described in paragraph 20(2)(a) and may

• (a) discharge the member or recommend the discharge of the officer; or

• (b) order that the member or the officer be retained in the Force.

22 The decision of the appropriate officer made pursuant to subsection 20(9) or section 21 and the reasons therefor shall be recorded in writing and shall be served on the member or officer, together with a statement that the decision of the appropriate officer

• (a) is subject to a grievance under Part III of the Act where the ground for discharge is one specified in paragraph 19(a), (c), (f) or (i); or

• (b) may be appealed under section 25 where the ground for discharge is specified in paragraph 19(b).

• 23 (1) A recommendation for the administrative discharge of an officer shall be sent to the Commissioner who shall forward the recommendation through the Minister to the Governor in Council for a determination.

• (2) Where a recommendation referred to in subsection (1) is forwarded to the Governor in Council, the Governor in Council may reject the recommendation or discharge the officer from the Force.

24 Where a member whose discharge from the Force has been ordered or recommended owes money for which the Force is accountable, the Commissioner shall be informed by or on behalf of the member’s appropriate officer immediately after the service of the notice referred to in subsection 20(1), and no order for the discharge of that member will be carried out until the money owed by that member has been paid or recovered from that member, unless the Commissioner directs otherwise.

Appeal of Discharge on Ground of Term of Imprisonment

• 25 (1) A member who is discharged or an officer who is recommended for discharge for the ground specified in paragraph 19(b) may appeal the decision made under subsection 20(9) or section 21 to the Commissioner.

• (2) An appeal shall be instituted by filing with the Commissioner

  • (a) a statement of appeal, in writing, setting out the grounds of appeal; and

  • (b) any submissions in relation thereto.

• (3) Subject to subsection (4), the statement of appeal referred to in paragraph (2)(a) and the submissions referred to in paragraph (2)(b) shall be filed with the Commissioner within seven days after the date of service on the member of the decision referred to in section 22.

• (4) The time limit referred to in subsection (3) for the filing of a statement of appeal may be extended by the Commissioner where the Commissioner determines that the circumstances warrant such an extension.

• (5) The Commissioner may dispose of an appeal in respect of the decision referred to in section 22 by

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

  • (b) allowing the appeal and ordering that the member be retained in the Force; or

  • (c) allowing the appeal and directing that a new proceeding be held.

• (6) Where the Commissioner orders a new proceeding of a matter pursuant to paragraph (5)(c), the new proceeding shall be held in accordance with sections 20 to 22 as if it were the first proceeding of the matter.

• (7) The Commissioner shall render a decision in writing on an appeal and the decision shall be served on both the member and the appropriate officer.

Stay of Decision

26 A decision by an appropriate officer to discharge a member or to recommend the discharge of an officer is stayed until after the expiration of the time limit within which a grievance or appeal may be filed in accordance with the provisions of the Act or these Regulations, or, where a grievance or appeal has been filed, until after the final disposition of the grievance or appeal.

Service of Documents

• 27 (1) Any notice, decision or other document required by these Regulations to be served on a person shall be served personally on the person, except that any notice, decision or other document required by these Regulations to be served by a person, an administrative discharge board or a medical board on the Commissioner or an appropriate officer is sufficiently served if it is sent by or on behalf of the person, administrative discharge board or medical board by prepaid first class mail addressed to the Commissioner or appropriate officer, as the case may be.

• (2) Personal service constitutes leaving a copy of the notice, decision or other document with the person.

• (3) Where more than one unsuccessful attempt has been made to personally serve a notice, decision or other document on a member, the notice, decision or other document may be served by enclosing a copy thereof in a sealed envelope addressed to that member and leaving it with any person who appears to be an adult and an occupant of the dwelling in which the member is residing, or by mailing a copy thereof to the person at that address.

• (4) Where a person refuses to accept a notice, decision or other document required to be served personally, personal service is considered to have been effected at the time of the refusal, if the person attempting service

  • (a) records the refusal on the notice, decision or other document; and

  • (b) leaves a copy of the notice, decision or other document with the person, by any reasonable means.

• (5) Where any method of service authorized by these Regulations involves the mailing of a notice, decision or other document, service thereof shall be deemed to have been effected on the postmark date appearing on the envelope.

• (6) In the event of a disruption of mail service, service on the Commissioner or an appropriate officer may be effected by leaving the notice, decision or other document with the member’s unit, detachment or district commander, who shall forthwith inform the Commissioner or appropriate officer, as the case may be, and cause the notice, decision or other document to be delivered.

• (7) Any notice, decision or other document served in the manner provided for in subsection (6) shall be considered to be served on the day it was received by the unit, detachment or district commander.

• (8) Where an appropriate officer has no record of the receipt of any notice, decision or other document alleged to have been served within the time limit prescribed by these Regulations, the Commissioner or appropriate officer may require the member to resubmit the notice, decision or other document, together with an affidavit that the member did serve the notice, decision or other document within the time limits prescribed by these Regulations.

Physical or Mental Disability

• 28 (1) Subject to subsection (4), where, in the opinion of a designated officer, the ability of a member to serve on the Force is impaired because of a physical or mental condition, the designated officer shall so inform the appropriate officer who shall direct that a medical board be appointed to determine the degree of the member’s impairment.

• (2) A member who is the subject of a proceeding before a medical board may nominate as a member of that board a medical practitioner who has attended, or who is the attending medical practitioner of, the member.

• (3) A medical board shall be composed of not less than three licensed medical practitioners appointed by the appropriate officer, one of whom shall be the medical practitioner, if any, nominated pursuant to subsection (2).

• (4) A medical board is not required to be appointed where the member and the designated officer present to the appropriate officer an agreement in writing that sets out

  • (a) the nature of the physical or mental disability; and

  • (b) the degree of impairment to the member that results from the disability.

Voluntary Retirement

29 A member who is entitled to an immediate annuity or an annual allowance under the Royal Canadian Mounted Police Superannuation Act or a pension under Part II or Part III of the Royal Canadian Mounted Police Pension Continuation Act may be discharged from the Force under paragraph 19(d).

Resignation

• 30 (1) A member may voluntarily resign from the Force at any time by signifying an intention to do so in writing and, on acceptance of the resignation by the appropriate officer or, in the case of an officer, by the Commissioner for the Commissioner’s recommendation and forwarding to the Governor in Council, the resignation of the member or officer shall be final and irrevocable.

• (2) A resignation may be withdrawn prior to acceptance thereof by the Commissioner with the written approval of the member’s appropriate officer.

Abandonment of Post

31 A member will be considered to have abandoned the member’s post where

• (a) the member has been absent without authority from the member’s post for seven clear days or more; or

• (b) the member has refused or failed to report for duty on a specified date to a post to which the member has been transferred by order.

Discharge on Death

32 An appropriate officer shall, on the death of a member under the appropriate officer’s command, appoint and convene, pursuant to subsection 20(3), a discharge board to discharge that member.

Certificate of Service in the Force

33 A Certificate of Service in the Force shall be issued by the Commissioner, in a form approved by the Commissioner, to each member discharged from the Force.

Irregular Appointment

• 34 (1) Subject to subsection (2), for the purposes of paragraph 19(i), irregular appointment includes an appointment based on

  • (a) a fraudulent statement;

  • (b) an administrative or technical error originating in recruiting procedures; and

  • (c) an initial assessment of a person as being physically or mentally fit but who is subsequently found to be unfit as a result of a physical or mental condition existing prior to appointment.

• (2) Paragraphs (1)(b) and (c) apply only to members with less than two years of service in the Force.

PART IIGrievances

Presentation of Grievances

35 For the purposes of subsection 31(3) of the Act, no appointment by the Commissioner to any of the following positions in the Force that report to the Commissioner either directly or through one other person shall be the subject of a grievance:

• (a) a Deputy Commissioner position;

• (b) the Staff Relations Program Officer position;

• (c) the Executive Officer position;

• (d) the position of an officer who, in reporting to the Commissioner, reports directly to a Deputy Commissioner at Headquarters;

• (e) a position of an Officer in Charge of a Branch who reports directly to the Commissioner;

• (f) the position of an officer who, in reporting to the Commissioner, reports directly to an Officer in Charge of a Branch who, in turn, reports directly to the Commissioner;

• (g) a Commanding Officer position; and

• (h) the position of an officer who, in reporting to the Commissioner, reports directly to a Commanding Officer.

36 For the purposes of subsection 33(4) of the Act, the types of grievances that are to be referred to the External Review Committee are grievances relating to

• (a) the Force’s interpretation and application of government policies that apply to government departments and that have been made to apply to members;

• (b) the stoppage of the pay and allowances of members made pursuant to subsection 22(3) of the Act;

• (c) the Force’s interpretation and application of the Isolated Posts Directive;

• (d) the Force’s interpretation and application of the R.C.M.P. Relocation Directive; and

• (e) administrative discharge for grounds specified in paragraph 19(a), (f) or (i).

PART IIIDiscipline

Code of Conduct

37 Sections 38 to 58.7 constitute the Code of Conduct governing the conduct of members.

38 A member shall promptly report any incident for which the member has been charged with an offence under an Act of Parliament or of the legislature of a province.

• 39 (1) A member shall not engage in any disgraceful or disorderly act or conduct that could bring discredit on the Force.

• (2) Without restricting the generality of the foregoing, an act or a conduct of a member is a disgraceful act or conduct where the act or conduct

  • (a) is prejudicial to the impartial performance of the member’s duties; or

  • (b) results in a finding that the member is guilty of an indictable offence or an offence punishable on summary conviction under an Act of Parliament or of the legislature of a province.

40 A member shall obey every lawful order, oral or written, of any member who is superior in rank or who has authority over that member.

41 A member shall not publicly criticize, ridicule, petition or complain about the administration, operation, objectives or policies of the Force, unless authorized by law.

42 A member, other than a civilian member, shall take appropriate police action to aid any person who is exposed to danger or who is in a situation where danger may be impending.

43 A member shall not, without lawful excuse, destroy, mutilate, alter or conceal any correspondence, report, record or other official document.

44 A member shall not misapply or unreasonably withhold, in whole or in part, any property, money or valuable security coming into the member’s possession, or under the member’s control, in the course of the member’s duties or by reason of being a member.

45 A member shall not knowingly or wilfully make a false, misleading or inaccurate statement or report to any member who is superior in rank or who has authority over that member pertaining to

• (a) the performance of that member’s duties;

• (b) any investigation;

• (c) any conduct concerning that member, or any other member;

• (d) the operation of the Force; or

• (e) the administration of the Force.

• 46 (1) Subject to subsection (2), a member shall report promptly, in accordance with procedures approved by the Commissioner, any contravention of the Code of Conduct by any other member.

• (2) The following members are not required to report a contravention pursuant to subsection (1) where they have obtained the knowledge of the contravention in their professional capacity:

  • (a) a physician, nurse or psychologist;

  • (b) a Member Assistance Program referral agent;

  • (c) a Division Staff Relations Representative who is providing assistance to a member; or

  • (d) a member representative.

• (3) For the purposes of this section, referral agent means a member who

  • (a) has been recommended by the Health Services Officer;

  • (b) has been appointed as a referral agent by the member’s Commanding Officer; and

  • (c) is shown as active on the records of the Human Resources Directorate for the Member Assistance Program.

47 A member shall not knowingly neglect or give insufficient attention to any duty the member is required to perform.

• 48 (1) A member shall respect the rights of every person.

• (2) Without restricting the generality of subsection (1), a member shall not by words or actions exhibit conduct that discriminates against any person in respect of that person’s race, national or ethnic origin, colour, religion, sex, age, mental or physical disability or family or marital status.

49 A member shall not, without authority, be absent from duty or leave any assigned duty.

50 A member shall not knowingly contravene or otherwise breach any oath taken by the member pursuant to section 14 of the Act.

• 51 (1) A member shall not

  • (a) while on duty, consume, possess or be under the influence of alcohol or a drug or any other behaviour altering substance, except as required or permitted in the performance of a specific duty or as authorized for personal use pursuant to a medical prescription; or

  • (b) report for duty while under the influence of alcohol or a drug or any other behaviour altering substance, except as authorized for personal use pursuant to a medical prescription.

• (2) While off duty, a member shall refrain from consuming alcoholic beverages to the extent that that consumption may render the member unfit to report for scheduled duty.

52 A member shall not

• (a) use any controlled or restricted drug set out respectively in Schedules G and H to the Food and Drugs Act, or any narcotic set out in the schedule to the Narcotic Control Act, except as authorized for personal use pursuant to a medical prescription; or

• (b) possess any controlled or restricted drug set out respectively in Schedules G and H to the Food and Drugs Act, or a narcotic set out in the schedule to the Narcotic Control Act, except as required or permitted in the performance of the member’s duties or as authorized for personal use pursuant to a medical prescription.

53 A member shall not, while in uniform, except in the performance of a specific duty or to attend authorized Force functions, enter any licensed public premises the primary purpose of which is to serve or sell alcoholic beverages.

54 A member shall not accept or seek special privilege in the performance of the member’s duties or otherwise place the member under any obligation that may prejudice the proper performance of the member’s duties.

55 A member shall not, unless authorized by the Commissioner, accept any remuneration from any federal, provincial, regional, municipal or local government, department or agency or any Crown corporation.

• 56 (1) Members shall conduct themselves in public in relation to any political issue, party, candidate or election so that their impartiality in the performance of their duties is not affected and does not appear to be affected.

• (2) Unless performing a specific duty on behalf of the Force, a member in uniform or on duty shall not attend a political meeting or take part in any social activity in relation to a political issue, party or candidate.

56.1 Any member who participates in political activities shall ensure that such participation does not compromise an ongoing criminal investigation in which the member is involved or seriously impair the impartiality or integrity of the Force.

• 57 (1) Subject to subsection 58(2), while a member is participating in a political activity, the member shall not indicate, nor shall the member permit anyone campaigning for the member to indicate, that the member’s opinions or comments are made on behalf of the Force.

• (2) A member who is running for nomination, or is standing as a candidate, in a federal, provincial or territorial election or in an election for the council of a regional, municipal or local government or the council or other governing body of a band or first nation, or is standing as a candidate for the leadership of a political party, may, for identification purposes, disclose the member’s rank or level, position and work experience in the Force.

• 58 (1) Subject to subsection (2), the Commissioner and all members holding any of the following ranks, officer equivalent level designations, or positions, namely, deputy commissioner, assistant commissioner or chief superintendent, commanding officer, director general or criminal operations officer, shall not participate in political activities.

• (2) The Commissioner and the members holding the ranks, officer equivalent level designations, or positions referred to in subsection (1) may, on behalf of the Force, present information regarding the provision of policing services by the Force pursuant to municipal, provincial or territorial policing contracts when the provision of such services is the subject of a direct vote by the population.

58.1 In sections 58.2 to 58.7, appropriate officer means

• (a) for a member other than an officer, the officer in charge of the administration function for the region in which the member is posted;

• (b) for a member of the headquarters of the Force, other than an officer, the officer in charge of the administration function for the Central Region; and

• (c) for an officer, the Chief Human Resources Officer.

58.2 Subject to sections 58.3 and 58.4, a member who is a peace officer may, while off duty and not in uniform, participate in political activities.

• 58.3 (1) Any member who is a peace officer may, only while on leave without pay granted for that purpose, solicit or receive funds for

  • (a) a political party;

  • (b) a person who is running for nomination, or standing as a candidate, in a federal, provincial or territorial election or in an election for the council of a regional, municipal or local government or the council or other governing body of a band or first nation;

  • (c) a person who is standing as a candidate for the leadership of a political party; or

  • (d) a person or association taking or proposing to take a position publicly for or against any question that is the subject of a direct vote by the population if the soliciting or receiving of funds is directly linked to the question that is the subject of the direct vote.

• (2) On application by a member for leave without pay for the purpose of soliciting or receiving funds as described in subsection (1), the appropriate officer shall, subject to operational requirements, grant the member leave without pay for that purpose.

• (3) A period of leave without pay granted under subsection (2) need include only the days or portions thereof during which the member solicits or receives funds.

• 58.4 (1) A member who is a peace officer may, only while on leave without pay granted for that purpose,

  • (a) run for nomination, or stand as a candidate, in a federal, provincial or territorial election or in an election for the council of a regional, municipal or local government or the council or other governing body of a band or first nation; or

  • (b) stand as a candidate for the leadership of a political party.

• (2) On application by a member for leave without pay for any of the purposes described in subsection (1), the appropriate officer shall, subject to operational requirements, grant the member leave without pay for that purpose.

• (3) A member may, during the period of leave without pay granted under subsection (2), solicit or receive funds as described in subsection 58.3(1).

• (4) The period of any leave without pay granted under subsection (2) shall be continuous and shall include all time during which the member proposes to carry on an activity referred to in subsection (1). The period of the leave shall not be less than the cumulative total of all of the following that are applicable:

  • (a) in the case of a nomination process referred to in paragraph (1)(a), beginning on the day on which the member enters the process and ending on the earlier of the day on which the member withdraws from the process and the day on which the process concludes;

  • (b) in the case of a member who stands as a candidate in an election described in paragraph (1)(a), beginning on the day on which the member becomes a candidate and ending on the earlier of the day on which the member ceases to be a candidate and the day after the election;

  • (c) in the case of a member who is elected in an election described in paragraph (1)(a), beginning on the day after the election and ending on the day before the day on which the member assumes the duties of the office to which the member is elected; and

  • (d) in the case of a member who is campaigning for the leadership of a political party, the duration of the member’s campaign.

• 58.5 (1) Subject to subsection (2), a member who is not a peace officer may, while off duty, participate in political activities.

• (2) A member shall advise the appropriate officer in writing before participating in any of the following activities:

  • (a) running for nomination, or standing as a candidate, in a federal, provincial or territorial election or in an election for the council of a regional, municipal or local government or the council or other governing body of a band or first nation;

  • (b) standing as a candidate for the leadership of a political party;

  • (c) soliciting or receiving funds for a political party, for any person standing as a candidate in any type of election described in paragraph (a), or for a candidate for the leadership of a political party; or

  • (d) soliciting or receiving funds for a person or association taking or proposing to take a position publicly for or against any question that is the subject of a direct vote by the population if the soliciting or receiving of funds is directly linked to the question that is the subject of the direct vote.

58.6 A member who is elected in a federal, provincial or territorial election or who becomes the leader of a political party may not remain a member of the Force if the member decides to assume the duties of the office to which the member has been elected. The member must advise the appropriate officer, by notice in writing, if the member decides to assume the duties of the elected office and to retire or resign from the Force.

• 58.7 (1) Should the appropriate officer determine, at any time, that the discharging of the duties of elected office by any member who is elected to the council of a regional, municipal or local government, or the council or other governing body of a band or first nation, is seriously interfering with the performance of the member’s duties in the Force, compromising an ongoing criminal investigation in which the member is involved, or seriously impairing the impartiality or integrity of the Force, the appropriate officer shall so advise the member by notice in writing.

• (2) Within five days after receiving the notice referred to in subsection (1), the member shall inform the appropriate officer, in writing, of the corrective measures the member intends to take.

Sanction of Dismissal or Demotion — Officers

• 59 (1) A recommendation for the dismissal or demotion of an officer made pursuant to subsection 45.12(3) of the Act, that has not been dealt with on an appeal pursuant to section 45.14 of the Act, shall be sent to the Commissioner who shall forward the recommendation through the Minister to the Governor in Council for a determination.

• (2) Where a recommendation referred to in subsection (1) is forwarded to the Governor in Council, the Governor in Council may

  • (a) reject the recommendation;

  • (b) dismiss the officer from the Force; or

  • (c) demote the officer, other than an inspector, to a lower rank.

Reinstatement

• 60 (1) Subject to subsection (4), a member who was suspended from duty shall be reinstated where

  • (a) the appropriate officer concludes that no disciplinary action should be taken against the member following an investigation under Part IV of the Act;

  • (b) an adjudication board finds that the member did not contravene the Code of Conduct;

  • (c) the member is found by a court to be not guilty of an offence under an Act of Parliament or of the legislature of a province; or

  • (d) the member has contravened the Code of Conduct and the sanction imposed is not one under paragraph 45.12(3)(a) or (b) of the Act.

• (2) A reinstatement under subsection (1) shall be retroactive to the date of the member’s original suspension from duty.

• (3) A member reinstated under subsection (1) shall be informed of the reinstatement in writing by the appropriate officer.

• (4) The appropriate officer shall determine whether to reinstate a member, where the conditions of paragraph (1)(a), (b), (c) or (d) are met but the conduct of the member remains the subject of another internal investigation, disciplinary action or charge for an offence under an Act of Parliament or of the legislature of a province.

PART IVDischarge or Demotion — Officer

• 61 (1) A recommendation for the discharge or demotion of an officer made pursuant to subsection 45.23(3) of the Act, that has not been dealt with on an appeal pursuant to section 45.24 of the Act, shall be sent to the Commissioner who shall forward the recommendation through the Minister to the Governor in Council for a determination.

• (2) Where a recommendation referred to in subsection (1) is forwarded to the Governor in Council, the Governor in Council may

  • (a) reject the recommendation;

  • (b) discharge the officer from the Force; or

  • (c) demote the officer, other than an inspector, to a lower rank.

PART VMiscellaneous

Instructional and Educational Courses

• 62 (1) Every member selected to attend a university, school, college or other place of study to undertake at government expense a course of studies or instruction of more than six months duration, with the exception of official languages training, shall, before commencing the course, sign an undertaking agreeing to continue to serve in the Force for the duration of the course given that member and for a specific period thereafter, which period shall be calculated on the basis of two months of service for each month of the course.

• (2) Where a member defaults in an undertaking described in subsection (1), or otherwise induces discharge from the Force through improper conduct or any other action, the member may be required to pay all, or such portions as the Commissioner may direct, of the amount paid in respect of the member’s attendance at the course, including travelling and relocation expenses for the member and the member’s family, pay and allowances paid to the member, tuition fees and any other related expense.

Uniforms, Equipment and Medals

63 The badge of the Force shall be a bison’s head in natural colours facing frontward on a blue background surrounded by a blue band with a gold border inscribed with the motto “Maintiens le Droit” in gold, and further surrounded by 12 green maple leaves; under the device a gold-edged blue scroll bearing the legend “Royal Canadian Mounted Police” in gold; above the device the St. Edward’s Crown in the authorized colours and metals and under the Crown, on a blue scroll, the name “Canada”.

• 64 (1) Subject to subsection (2), the significant uniform of the Force, the design of which is to be approved by the Minister, shall, together with such other items of uniform as the Minister approves, consist of a felt hat, scarlet tunic, blue breeches with a yellow cavalry stripe, brown Strathcona boots and jack spurs.

• (2) The Commissioner shall determine the occasions on which members are required to wear the significant uniform referred to in subsection (1) and may exempt any member from wearing any item thereof on the basis of the member’s religious beliefs.

• 65 (1) The insignia of rank for officers shall be worn on the shoulder straps of the uniform and shall be

  • (a) in the case of the Commissioner, a crown, a star and a crossed sword and baton;

  • (b) in the case of a Deputy Commissioner, a crown and a crossed sword and baton;

  • (c) in the case of an Assistant Commissioner, a crown and three stars in a cluster under the crown;

  • (d) in the case of the Chief Superintendent, a crown and two stars under the crown;

  • (e) in the case of a Superintendent, a crown and one star under the crown; and

  • (f) in the case of an Inspector, a crown.

• (2) The insignia of rank for non-commissioned officers of the Force shall be worn in the manner approved by the Commissioner and shall be

  • (a) in the case of a Corps Sergeant-Major, the coat of arms of Canada;

  • (b) in the case of a Sergeant-Major, four chevrons, points down, surmounted by a crown;

  • (c) in the case of a Staff Sergeant-Major, a crown emblazoned with maple leaves;

  • (d) in the case of a Staff Sergeant, four chevrons, points up;

  • (e) in the case of a Sergeant, three chevrons, points down, surmounted by a crown; and

  • (f) in the case of a Corporal, two chevrons, points down.

• 66 (1) All uniforms for members, other than the significant uniform described in section 64, shall be approved by the Commissioner.

• (2) Orders of dress shall be approved by the Commissioner.

67 Medals and decorations shall be worn by members in a manner approved by the Commissioner.

68 The Commissioner may authorize members, on retirement, to continue to wear the uniform of the Force on state and official occasions.

Materiel

• 69 (1) Members are to be issued free of charge such articles of clothing, kit and other materiel as the Commissioner deems necessary.

• (2) The issue and the manner of care of articles of clothing, kit and other materiel shall be approved by the Commissioner.

• (3) Members designated by the Commissioner shall be paid an allowance as determined by the Treasury Board for the purchase and upkeep of such articles of clothing, kit and other materiel as the Treasury Board may specify.

Service Badge

70 A service badge of a design approved by the Commissioner may be awarded to any regular member, other than an officer, for every period of five years service by the member.

Living Accommodation

71 The Commissioner may authorize the provision of suitable living accommodation for a member and, when so provided, the member shall reside therein, unless the member’s appropriate officer directs otherwise.

72 At posts where living accommodation is not available for a member, the Commissioner may, with the approval of Treasury Board, make such arrangements as are deemed necessary in order to secure suitable accommodation for the member.

73 The Commissioner may authorize the provision of furniture for living accommodation, messes and recreational areas.

Travelling and Relocation Expenses

74 A member travelling in relation to the performance of the member’s duties is entitled to be paid travelling expenses in accordance with Treasury Board travel policy.

75 Where an applicant for membership in the Force is reporting for

• (a) final documentation and attestation,

• (b) medical or dental examination or physical fitness testing,

• (c) second language evaluation and second language aptitude testing,

• (d) a suitability interview, or

• (e) an interview by a selection board, in the case of candidates in the professional, scientific and technical categories,

the applicant is entitled to be paid travelling expenses to and from the applicant’s place of residence in accordance with Treasury Board travel policy.

76 Where a former member is reporting for medical examination or re-examination ordered by the Canadian Pension Commission pursuant to a claim under subsection 5(1) of the Royal Canadian Mounted Police Pension Continuation Act or section 27 of the Royal Canadian Mounted Police Superannuation Act, the former member is entitled to be paid travelling expenses in accordance with Treasury Board travel policy.

77 Where the attending medical practitioner of a member who has been discharged from the Force due to a physical or mental disability is of the opinion that the physical or mental condition of the former member, on discharge, precludes travelling alone, the Commissioner may authorize the payment of travelling expenses of an escort for the former member in accordance with Treasury Board travel policy.

• 78 (1) The Commissioner may authorize payment, in the manner and amount prescribed by the Treasury Board, for the relocation expenses that a member may incur as a result of transferring from one post to another.

• (2) The Commissioner may authorize payment, in the same manner and amount as that referred to in subsection (1), for the relocation expenses that a member may incur as a result of moving out of or into unfurnished living accommodation provided under section 71 or 72.

• (3) The Commissioner may authorize payment, in the manner and amount prescribed by the Treasury Board, for the incidental expenses that a member may incur as a result of moving between furnished living accommodation provided under section 71 or 72 where

  • (a) the move is of a local nature; and

  • (b) the member attests to the expenses by signing a certificate in a form approved by the Treasury Board.

• 79 (1) Subject to subsection (2), the Commissioner may authorize payment, in the same manner and amount as that referred to in subsection 78(1), for the relocation expenses that may be incurred by

  • (a) a retiring member who is eligible for a pension;

  • (b) a member discharged from the Force for a physical or mental disability;

  • (c) a spouse or dependent of a member who dies in the service of the Force; and

  • (d) the estate of a member without dependents who dies in the service of the Force.

• (2) No payment shall be made under subsection (1)

  • (a) more than two years after the date on which a member is discharged, unless exceptional circumstances exist; or

  • (b) for temporary or interim accommodation, other than accommodation for a period of not more than three days at the last posting.

Claims Deductions

80 Deductions from the pay of a member shall be made in the following order of claims, namely,

• (a) amounts due to the Crown;

• (b) contributions under the Royal Canadian Mounted Police Superannuation Act or the Royal Canadian Mounted Police Pension Continuation Act;

• (c) sanctions imposed under section 45.12 of the Act;

• (d) indebtedness to any mess, canteen or club of the Force; and

• (e) any instructional or educational undertaking entered into pursuant to section 62.

Forfeiture of Pay

• 81 (1) Where a member fails to perform the member’s duties for a period of time because the member has become unfit either intentionally or through the member’s own negligence, the Commissioner may order the pay of that member, or such lesser amount as the Commissioner considers appropriate, be forfeited for that period.

• (2) For the purposes of subsection (1), a member suffering from a disease which the member could have prevented, or its after-effects, shall be considered to be unfit for duty through the member’s own negligence.

Care of Property

• 82 (1) A member shall be responsible and accountable for all public property in the member’s charge, and for all other property, including money, received by that member in the course of that member’s duties.

• (2) A member who fails to care for property, such that it is lost or cannot be accounted for, may be required to make restitution in a manner approved by the Commissioner.

Health and Safety

• 83 (1) Medical and dental treatment programs for a regular member or special constable member shall be subject to approval by the Commissioner.

• (2) Medical and dental treatment programs for a civilian member who is injured in the performance of the civilian member’s duties shall be subject to approval by the Commissioner, to the extent that the treatment is not covered by a provincial medical or hospital insurance plan.

• 84 (1) Subject to subsection (2), a regular member or special constable member who is discharged from the Force is entitled to the medical treatment described in section 83 until

  • (a) the member becomes entitled to coverage for medical and hospital expenses under a provincial medical or hospital insurance plan, or

  • (b) the expiration of three months after the date of the member’s discharge,

  whichever period is the shorter.

• (2) A regular member or special constable member who is hospitalized at the time of the member’s discharge from the Force is entitled to the medical treatment described in section 83 after the date of discharge until such time as the regular member or special constable member leaves the hospital of the member’s volition or until the medical practitioner in charge of the member’s case directs that the member is fit to be discharged from the hospital.

85 Where a person who was employed by the Force under the provisions of the Royal Canadian Mounted Police Act as it read on March 31, 1960 was entitled to receive medical and dental treatment, the person shall be considered to be a regular member or special constable member for the purpose of receiving medical and dental treatment for such time as that person remains in the employment of the Force under the conditions of employment that applied to that person on March 31, 1960.

86 Where a member is posted to the Yukon, the Northwest Territories or outside Canada, the dependents of that member who will accompany the member to that post, are entitled to medical examination and immunization against all diseases that prevail in the area.

86.1 The Commissioner shall establish administrative standards, programmes and policies for occupational health and safety consistent with Part II of the Canada Labour Code and with the purpose set out in section 122.1 of that Act.

Contingency Accounts

87 The Commissioner may designate officers who are authorized to open a contingency account in a chartered bank approved by the Commissioner.

Fines and Fees

88 All fines, fees and other moneys received by a member on behalf of Her Majesty in right of Canada or a province, or on behalf of a municipality, are the responsibility of the member and shall be remitted as soon as possible after their receipt in the manner approved by the Commissioner.

89 A member whose responsibility it is to collect fines, fees and other moneys on behalf of Her Majesty in right of Canada or a province, or on behalf of a municipality, and who accepts any thing other than cash in payment therefor is, unless the Commissioner orders otherwise, personally responsible for the payment of that fine, fee or other money.

Benefit Trust Fund

• 90 (1) All money received by the Minister pursuant to section 23 of the Act shall be paid into the Consolidated Revenue Fund to the account of the Royal Canadian Mounted Police Benefit Trust Fund.

• (2) Interest shall be credited to the Benefit Trust Fund at a rate equal to 90 per cent of the simple arithmetic mean of the accepted weekly three-month Treasury bill tender rates for the immediately preceding month.

• 91 (1) There shall be an advisory committee consisting of three officers and one other member, nominated by the Commissioner and approved by the Minister, to assist in the administration of the Benefit Trust Fund.

• (2) The advisory committee shall

  • (a) consider all applications for grants and loans; and

  • (b) be responsible for carrying out the daily administration and management of the Fund.

• 92 (1) Grants may be made out of the Benefit Trust Fund to

  • (a) a member who is in financial distress due to causes which are beyond the member’s control;

  • (b) a member in recognition of the member’s outstanding acumen, zeal or resourcefulness in bringing an important investigation to a successful conclusion;

  • (c) a member in recognition of any act of special endurance or bravery in the performance of the member’s duty;

  • (d) regular members and special constable members annually in an amount and on a basis to be determined by the Minister;

  • (e) a member who, in the performance of the member’s duties, sustains loss or damage to the member’s personal effects or property in such circumstances that the Government of Canada or a province is unwilling or unable to reimburse the member for that loss or any portion thereof;

  • (f) a member who is discharged from the Force while still in need of medical and hospital treatment, irrespective of whether the member is eligible for a pension;

  • (g) a former member or dependents of a deceased former member who are in financial distress due to circumstances that are beyond the member’s control;

  • (h) cover the cost of a reasonable burial for a former member who dies without leaving sufficient funds for a reasonable burial and for whom there is no other source from which the burial expenses can be paid;

  • (i) purchase wreaths in honour of deceased former members;

  • (j) dependents of a member who has died who are in need of financial assistance;

  • (k) the R.C.M.P. Veterans’ Association to maintain a program to seek out and assist former members and dependents thereof under terms and conditions prescribed by the advisory committee;

  • (l) persons for the purpose of improvement and maintenance of real property within Canada used as recreation areas for the benefit of members, former members and their dependents;

  • (m) persons for expenses incurred while travelling on Benefit Trust Fund business, including those persons who have made application to the Benefit Trust Fund for assistance and who are requested by the advisory committee to appear before the committee, commensurate with Treasury Board approved rates of travel for public servants;

  • (n) the spouse, dependants, parents, brothers and sisters of a member, Public Service employee or auxiliary constable who is killed on duty, for expenses incurred while travelling to a Force memorial service, approved by the Commissioner in honour of the deceased, commensurate with Treasury Board approved rates of travel for public servants;

  • (o) cover costs associated with engraving memorial plaques and the creation of a Calligraphic Honour Roll page at the R.C.M.P. Depot Training Academy to honour a member, Public Service employee or auxiliary constable killed on duty;

  • (p) reimburse reasonable funeral reception expenses where the death of a member is duty-related;

  • (q) purchase and install an honour roll or memorial plaque in the division in which a member was posted at the time of the member’s death;

  • (r) cover reasonable costs associated with a memorial service held at the R.C.M.P. Depot Training Academy to honour members, Public Service employees or auxiliary constables killed on duty;

  • (s) cover costs of providing the member at the time of retirement with the Identification Badge of the member;

  • (t) support members participating in competitions of marksmanship; and

  • (u) further assist members and former members and their dependants, in such amounts as the Commissioner may authorize.

• (2) Loans may be made out of the Benefit Trust Fund for the purposes of paragraphs (1)(a), (e), (f) and (u).

• (3) A grant may be made out of the Benefit Trust Fund for the purpose of the acquisition of real property within Canada to be used as recreation areas for the benefit of members, former members and their dependents.

• (4) For the purposes of this section, dependent includes a husband, a wife, or the partner in a common-law relationship.

• 93 (1) Prior to a loan being made to a member from the Benefit Trust Fund, the member shall undertake to repay the loan by means of monthly deductions from the member’s pay in such amounts and for such periods as the advisory committee may approve.

• (2) Where a member to whom a loan is made from the Benefit Trust Fund is discharged from the Force, the total unpaid balance of the loan is payable and shall be a charge against any money owing to the member by Her Majesty in right of Canada.

• (3) Where a member to whom a loan is made from the Benefit Trust Fund is unable to repay the unpaid balance of the loan, the Commissioner or the Commissioner’s delegate, on the recommendation of the advisory committee, may approve the conversion of the loan to a grant.

• 94 (1) Withdrawals from the Benefit Trust Fund for the purposes set out in section 92 shall, if the amount thereof

  • (a) does not exceed $10,000, be authorized by the advisory committee;

  • (b) exceeds $10,000 but is not more than $50,000, be authorized by the Commissioner; or

  • (c) exceeds $50,000, be authorized by the Minister.

• (2) Notwithstanding subsection (1), the Commissioner or the Commissioner’s delegate may authorize withdrawals from the Benefit Trust Fund of any amount in respect of payments made in error to the Fund.

95 Requisitions for cheques on the Benefit Trust Fund shall be signed by such officers as the Minister may from time to time authorize and be countersigned by such members as the Commissioner may designate.

Division Staff Relations Representative Program

• 96 (1) The Force shall have a Division Staff Relations Representative Program to provide for representation of the interests of all members with respect to staff relations matters.

• (2) The Division Staff Relations Representative Program shall be carried out by the division staff relations representatives of the members of the divisions and zones who elect them.

• (3) [Repealed, SOR/98-262, s. 6]

Forensic Laboratories

• 97 (1) The Force shall maintain forensic laboratories for the purposes of providing scientific and technical assistance to law enforcement agencies.

• (2) The terms and conditions of access to the services of the forensic laboratories referred to in subsection (1) by law enforcement agencies shall be approved by the Commissioner.

• (3) For the purposes of subsections (1) and (2), law enforcement agencies include federal and provincial government departments and agencies, and courts of criminal jurisdiction.

• (4) The provision of scientific and technical services to foreign law enforcement agencies shall be approved by the Commissioner.

Officer Appointment and Promotions

98 Standards and procedures for a recommendation by the Commissioner to the Governor in Council for the appointment or promotion of an officer shall be approved by the Commissioner.