Royal Canadian Mounted Police Act (R.S.C., 1985, c. R-10)

Short Title

Marginal note:Short title

1 This Act may be cited as the Royal Canadian Mounted Police Act.

Interpretation

Marginal note:Definitions

• 2 (1) In this Act,

  appropriate officer

  appropriate officer[Repealed, 2013, c. 18, s. 2]

  child

  child means a person who is or, in the absence of any evidence to the contrary, appears to be under the age of eighteen years; (enfant)

  Code of Conduct

  Code of Conduct means the regulations made pursuant to section 38; (code de déontologie)

  Commission

  Commission means the Civilian Review and Complaints Commission for the Royal Canadian Mounted Police established by subsection 45.29(1); (Commission)

  Commission Chairman

  Commission Chairman[Repealed, 2013, c. 18, s. 2]

  Commissioner

  Commissioner means the Commissioner of the Royal Canadian Mounted Police; (commissaire)

  Committee

  Committee means the Royal Canadian Mounted Police External Review Committee established by section 25; (Comité)

  Committee Chairman

  Committee Chairman[Repealed, 2013, c. 18, s. 2]

  conduct authority

  conduct authority, in respect of a member, means a person designated under subsection (3) in respect of the member; (autorité disciplinaire)

  Force

  Force means the Royal Canadian Mounted Police; (Gendarmerie)

  guardian

  guardian means, in respect of a child, any person, other than a parent of the child, who is under a legal duty to provide for the child or who has, in law or in fact, the custody or control of the child; (tuteur)

  member

  member means any person who has been appointed under section 5 or subsection 6(3) or (4) or 7(1) and who is employed with the Force; (membre)

  Minister

  Minister means the Minister of Public Safety and Emergency Preparedness; (ministre)

  officer

  officer means a member appointed under section 5 or subsection 6(3) or (4); (officier)

  proceedings

  proceedings, in relation to the Commission, means any investigation or hearing conducted by the Commission with respect to a complaint made under Part VII or VII.2. (procédure)

  representative

  representative means a person who is representing or assisting a member or a conduct authority under section 47.1. (représentant)

• Marginal note:Commissioner’s standing orders

  (2) The rules made by the Commissioner under any provision of this Act empowering the Commissioner to make rules shall be known as Commissioner’s standing orders.

• Marginal note:Designation

  (3) The Commissioner may designate any person to be a conduct authority in respect of a member either for the purposes of this Act generally or for the purposes of any particular provision of this Act.

PART IConstitution and Organization

Composition of Force

Marginal note:Police Force for Canada

3 There shall continue to be a police force for Canada, which shall consist of officers and other members and be known as the Royal Canadian Mounted Police.

Marginal note:Employment of Force

4 The Force may be employed in such places within or outside Canada as the Governor in Council prescribes.

Commissioner

Marginal note:Appointment

• 5 (1) The Governor in Council may appoint an officer, to be known as the Commissioner of the Royal Canadian Mounted Police, to hold office during pleasure, who, under the direction of the Minister, has the control and management of the Force and all matters connected with the Force.

• Marginal note:Delegation

  (2) The Commissioner may delegate to any member, subject to any terms and conditions that the Commissioner directs, any of the Commissioner’s powers, duties or functions under this Act, except the power to delegate under this subsection, the power to make rules under this Act and the powers, duties or functions under subsections 45.4(5) and 45.41(10).

Officers and Members

Marginal note:Other officers

• 6 (1) The officers of the Force, in addition to the Commissioner, shall consist of

  • (a) Deputy Commissioners,

  • (b) Assistant Commissioners,

  • (c) Chief Superintendents,

  • (d) Superintendents,

  • (e) Inspectors,

  • (f) [Repealed, R.S., 1985, c. 8 (2nd Supp.), s. 3]

  and such other ranks as are prescribed by the Governor in Council.

• Marginal note:Maximum number

  (2) The maximum number of officers in each rank shall be as prescribed by the Treasury Board.

• Marginal note:Appointment of Deputy Commissioners

  (3) The Governor in Council may appoint any person to the rank of Deputy Commissioner to hold office during pleasure.

• Marginal note:Appointment of other officers

  (4) The Commissioner may appoint any person to any other rank of officer and, by way of promotion, appoint an officer to a higher rank, other than to the rank of Deputy Commissioner.

• Marginal note:Commissions

  (5) The Governor in Council may authorize the issue of a commission under the Great Seal to an officer on the officer’s first appointment to the rank of an officer or on the recommendation of the Commissioner.

Marginal note:Commanding Officers

• 6.1 (1) The Governor in Council may, in respect of each Division of the Force, on the recommendation of the Minister, designate an officer to be the Division’s Commanding Officer to hold office during pleasure.

• Marginal note:Recommendation

  (2) The Minister’s recommendation is to be made on the recommendation of the Commissioner.

• Marginal note:Absence or incapacity

  (3) In the event of the absence or incapacity of a Commanding Officer or if a position of Commanding Officer is vacant, the Commissioner may authorize another officer to act as the Commanding Officer, but no officer may act as the Commanding Officer for more than 180 days without the Governor in Council’s approval.

• Marginal note:Termination of designation

  (4) An officer who holds office as a Commanding Officer ceases to hold that office if the officer ceases to be an officer but nothing in this subsection precludes the termination of the officer’s designation for any other reason.

Marginal note:Appointment and designation

• 7 (1) The Commissioner may appoint members of the Force other than officers and, by way of promotion, appoint a member other than an officer to a higher rank, other than to the rank of Deputy Commissioner, or to a higher level, for which there is a vacancy.

• Marginal note:Ranks and levels

  (2) The ranks and levels of members other than officers and the maximum numbers of persons that may be appointed to each rank and level shall be as prescribed by the Treasury Board.

• (3) to (5) [Repealed, 2013, c. 18, s. 8]

Marginal note:Duration of appointment

• 8 (1) The term of a member’s appointment under subsection 6(4) or 7(1) is indeterminate unless the Commissioner specifies that it is for a fixed period.

• Marginal note:Expiry of fixed period

  (2) A member whose appointment is for a fixed period ceases to be a member at the expiry of that period or of any extension made under subsection (3).

• Marginal note:Extension

  (3) The Commissioner may extend the period of the term of a member whose appointment is for a fixed period. The extension does not constitute an appointment under subsection 6(4) or 7(1).

9 [Repealed, 2013, c. 18, s. 9]

Qualifications

Marginal note:Qualifications

• 9.1 (1) Subject to subsection (2), no person shall be appointed to be a member unless that person is a Canadian citizen, is of good character and has the necessary physical qualities and, in the case of a member other than an officer, that person meets such other qualifications for appointment to the Force as the Commissioner may, by rule, prescribe.

• Marginal note:Exception

  (2) When no person who meets the qualifications described in subsection (1) is available for appointment as a member, any person who is not a Canadian citizen but meets the other qualifications described in that subsection that are applicable to that person may be appointed to be a member.

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.

Civilian Staff

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.