Commissioner’s Standing Orders (Public Complaints)
SOR/88-522
ROYAL CANADIAN MOUNTED POLICE ACT
Registration 1988-10-04
Rules Respecting Public Complaints against the Royal Canadian Mounted Police
The Commissioner of the Royal Canadian Mounted Police, pursuant to subsection 2(3)Footnote * and section 45.38Footnote ** of the Royal Canadian Mounted Police Act, hereby makes the annexed Rules respecting public complaints against the Royal Canadian Mounted Police.
Return to footnote *S.C. 1986, c. 11, s. 1
Return to footnote **S.C. 1986, c. 11, s. 15
October 3, 1988
Short Title
1 These Rules may be cited as the Commissioner’s Standing Orders (Public Complaints).
- SOR/90-30, s. 1(F)
Interpretation
2 In these Rules,
- Act
Act means the Royal Canadian Mounted Police Act. (Loi)
- appropriate officer
appropriate officer[Revoked, SOR/89-485, s. 1]
- commanding officer
commanding officer[Revoked, SOR/89-485, s. 1]
- SOR/89-485, s. 1
- SOR/90-30, s. 3(F)
Receipt of Complaint
3 A complaint received by the force under paragraph 45.35(1)(b) or subsection 45.37(2) of the Act shall be recorded on a form approved by the Commissioner.
- SOR/90-30, s. 4
4 The appropriate officer shall be notified of all complaints made pursuant to subsection 45.35(1) of the Act.
5 (1) The Attorney General, Solicitor General or Minister of Justice responsible for police affairs in a province shall be notified of all complaints concerning conduct of any member or other person appointed or employed under the authority of the Act that occurred in the course of providing services pursuant to an arrangement entered into under section 20 of the Act.
(2) Where a provincial government has entered into an arrangement under section 20 of the Act, the Attorney General, Solicitor General or Minister of Justice responsible for police affairs in the province shall be entitled to receive all information contained in any record established pursuant to paragraph 45.47(a) of the Act.
- SOR/90-30, s. 5(E)
Transmission of Documents
6 (1) Any notice, report or other document in respect of a complaint, other than a complaint referred to the Commission, that is required by Part VII of the Act to be given to a complainant by the Commissioner or, in the case of a complaint made pursuant to paragraph 45.35(1)(b) of the Act, by the Force shall
(a) in the case of a report referred to in section 45.4 of the Act, be delivered by giving a copy of the report to the complainant or by sending a copy thereof by registered mail, addressed with the last known address of the complainant; and
(b) in any other case, be delivered by giving a copy of the notice, report or other document to the complainant or by sending a copy thereof by regular mail, addressed with the last known address of the complainant.
(2) Any notice, report or other document required by Part VII of the Act to be given to the member or other person whose conduct is the subject-matter of a complaint shall be delivered to the member or other person through normal Divisional distribution networks or by regular mail.
- SOR/90-30, s. 6
- SOR/93-502, s. 1
Investigation
7 A detachment commander shall conduct or cause to be conducted any investigation that is necessary to dispose of a complaint that has not been disposed of informally.
8 A member responsible for conducting the investigation of a complaint shall
(a) conduct the investigation in an objective and neutral manner consistent with recognized investigative procedures; and
(b) impartially and diligently gather evidence with a view to bringing the investigation to a conclusion.
9 A member shall not investigate a complaint where that member may be in a conflict of interest situation.
- SOR/90-30, s. 7(F)
10 An investigation into a complaint shall continue to conclusion whether or not the member or other person whose conduct is the subject-matter of the complaint resigns or terminates employment with the Force.
11 Interim reports made pursuant to section 45.39 of the Act shall contain sufficient detail to indicate the progress of the investigation.
12 The provincial authority shall be notified of the disposition of a complaint received under paragraph 45.35(1)(c) of the Act.
- SOR/90-30, s. 8
- Date modified: