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.

PART 3Code of Conduct

Marginal note:Code of Conduct

18 All members must conduct themselves in accordance with the Code of Conduct set out in the schedule.

PART 4Deputy Commissioner

Marginal note:Resignation

19 If a Deputy Commissioner has signified an intention to resign, the Commissioner may forward a recommendation to accept the resignation to the Governor in Council and the resignation is irrevocable once accepted by the Governor in Council.

Marginal note:Recommendation for discharge

20 A recommendation for the discharge of a Deputy Commissioner under paragraph 20.2(1)(d), (f) or (j) of the Act must be forwarded to the Governor in Council for decision.

Marginal note:Recommendation for dismissal

21 A recommendation for the dismissal of a Deputy Commissioner made under subsection 45(4) of the Act in respect of which there has been no appeal under subsection 45.11(1) of the Act — or the appeal decision is to uphold the recommendation for the dismissal — must be forwarded to the Governor in Council for decision.

PART 5Miscellaneous

Resignation by Member

Marginal note:Resignation is irrevocable

22 The resignation of a member, other than a Deputy Commissioner, is irrevocable once accepted by the Commissioner.

Reinstatement of Member

Marginal note:Reinstatement

• 23 (1) Subject to subsection (4), a member who is suspended from duty under section 12 of the Act must be reinstated if

  • (a) the conduct authority in respect of the member finds that the member

    • (i) did not contravene the Code of Conduct set out in the schedule; or

    • (ii) did contravene the Code of Conduct and a conduct measure has been imposed under subsection 42(1) of the Act; or

  • (b) the conduct board established in respect of the member finds that the member

    • (i) did not contravene the Code of Conduct, or

    • (ii) did contravene the Code of Conduct and the conduct measure imposed is not one set out in paragraph 45(4)(a) or (b) of the Act.

• Marginal note:Retroactive reinstatement

  (2) The reinstatement is retroactive to the date of the member’s original suspension from duty.

• Marginal note:Notice of reinstatement

  (3) The conduct authority must inform the member, in writing, of the reinstatement.

• Marginal note:Determination of Commissioner

  (4) The Commissioner must determine whether to reinstate a member if the conditions of any of paragraphs (1)(a) or (b) are met and the member remains the subject of another proceeding under Part IV of the Act or is the subject of a charge for an offence under an Act of Parliament or of the legislature of a province.

Educational Courses

Marginal note:Undertaking

• 24 (1) Every member selected to undertake at government expense a course of studies offered through a university, school, college or other place of study, of more than six months’ duration, with the exception of official languages training, must, before commencing the course, sign an undertaking agreeing to continue to serve in the Force for the duration of the course and for a period after that of two months of service for each month of the course.

• Marginal note:Reimbursement

  (2) If a member defaults on the undertaking, or otherwise induces discharge or dismissal from the Force, the member may be required to pay all, or the portion that the Commissioner directs, of any amount paid to enable the member to attend the course.

Certificate of Service

Marginal note:Issuance

25 A Certificate of Service in the Force must be issued by the Commissioner, in a form approved by the Commissioner, to each former member who ceased to be a member as a result of the application of section 9.5 or any of paragraphs 20.2(1)(d) to (k) of the Act or of his or her death.

Uniforms, Equipment and Medals

Marginal note:Badge

26 The badge of the Force is 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 is a gold-edged blue scroll bearing the name of the Force in gold; above the device is the St. Edward’s Crown in the authorized colours and metals and under the Crown, on a blue scroll, is the inscription “Canada”.

Marginal note:Significant uniform

• 27 (1) The significant uniform of the Force, the design of which is subject to approval by the Minister, consists of a felt hat, scarlet tunic, blue breeches with a yellow cavalry stripe on each side, brown Strathcona boots and jack spurs, as well as other items of uniform that the Minister approves.

• Marginal note:Exemption

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

Marginal note:Former member

28 The Commissioner may authorize a member who has resigned or been discharged to wear the significant uniform and may specify the conditions and circumstances under which it may be worn.

Marginal note:Insignia for officers

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

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

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

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

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

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

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

• Marginal note:Insignia for non-commissioned officers

  (2) The insignia of rank for non-commissioned officers must be worn in the manner approved by the Commissioner and 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, under a crown;

  • (c) in the case of a Staff Sergeant-Major, a crown supported by 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, under a crown; and

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

Marginal note:Other uniforms

• 30 (1) All uniforms for members, other than the significant uniform described in section 27, are subject to approval by the Commissioner.

• Marginal note:Orders of dress

  (2) Orders of dress are subject to approval by the Commissioner.

Marginal note:Medals and decorations

31 Medals and decorations must be worn by members in the manner approved by the Commissioner.

Marginal note:Issuance free of charge

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

• Marginal note:Issue and manner of care

  (2) The issue and the manner of care of articles of clothing, kit and other materiel are subject to approval by the Commissioner.

• Marginal note:Return of clothing and kit

  (3) Every member must, upon release from special duty or special assignment or upon ceasing to be a member of the Force, or as otherwise directed by the Commissioner, return to the Force all articles of clothing and kit, other than articles of clothing and kit condemned in accordance with the Force’s policy, or articles of clothing and kit purchased by the member.

• Marginal note:Commissioner’s power to designate

  (4) The Commissioner may designate classes of members who are to be paid an allowance as fixed by Treasury Board for the purchase and care of any articles of clothing, kit and other materiel approved by the Commissioner.

Service Badge

Marginal note:Award of service badge

33 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.

Living Accommodation

Definition of living accommodation

• 34 (1) In this section and sections 35 and 36, living accommodation includes a dormitory, a room in a residence, an apartment, a house or other living space.

• Marginal note:Provision of living accommodation

  (2) The Commissioner may authorize the provision of living accommodation to a member if needed for the performance of the member’s duties and, when so provided, the member must reside there unless the member’s Commanding Officer directs otherwise.

Marginal note:Living accommodation not available

35 At posts where living accommodation is not available for a member, the Commissioner may, with the approval of Treasury Board, make any arrangement that is necessary to secure accommodation for the member.

Marginal note:Provision of furniture

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

Travel and Relocation Expenses

Marginal note:Travel expenses

37 The Commissioner may authorize payment for the travel expenses that a member incurs as a result of authorized travel.

Marginal note:Travel expenses for applicants

38 If an applicant for membership in the Force is reporting for any of the following purposes, the applicant is entitled to be paid travel expenses for travel to and from the applicant’s place of residence:

• (a) to complete final documentation;

• (b) to undergo a medical or dental examination or physical fitness testing;

• (c) to undergo a second language evaluation and second language aptitude testing; or

• (d) to attend an interview, including an interview by a selection board in the case of candidates in the professional, scientific and technical categories.

Marginal note:Travel expenses for examination

• 39 (1) If a former member is reporting for medical examination or re-examination ordered by the Veterans Review and Appeal Board under a claim under subsection 5(1) of the Royal Canadian Mounted Police Pension Continuation Act or section 32 of the Royal Canadian Mounted Police Superannuation Act, the former member is entitled to be paid travel expenses.

• Marginal note:Travel expenses for travel assistant

  (2) The Commissioner may authorize payment for the travel expenses of a travel assistant if the medical practitioner of the former member is of the opinion that the health condition of the former member precludes travelling alone for the examination or re-examination.

Marginal note:Relocation expenses

40 The Commissioner may authorize payment for

• (a) the relocation expenses that a member may incur as a result of

  • (i) transferring from one post to another, or

  • (ii) moving out of or into the accommodation referred to in section 34 or 35; and

• (b) the incidental expenses that a member may incur as a result of moving from one accommodation referred to in section 34 or 35 to another if

  • (i) the move is of a local nature, and

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

Marginal note:Relocation expenses — other cases

• 41 (1) Subject to subsection (2), the Commissioner may authorize payment for

  • (a) the relocation expenses that may be incurred by

    • (i) a retiring member who is eligible for a pension,

    • (ii) a member discharged from the Force on the grounds of a disability, as defined in the Canadian Human Rights Act, and

    • (iii) a spouse, common-law partner or dependant of a member who dies; and

  • (b) the expenses incurred to move or dispose of the personal belongings of a member who dies without dependants.

• Marginal note:Exception

  (2) The payment must not be made

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

  • (b) for temporary or interim accommodation, except for accommodation for a period of not more than three days at the member’s last post.

Marginal note:Treasury Board

42 The payments referred to in sections 37 to 41 are paid in the manner and amount determined by Treasury Board.

Medical and Dental Treatment

Marginal note:Treatment programs

• 43 (1) Medical and dental treatment programs for regular members and special constable members are subject to approval by the Commissioner.

• Marginal note:Treatment programs for civilian members

  (2) Medical and dental treatment programs for civilian members who are injured in the performance of their duties are subject to approval by the Commissioner, to the extent that the treatment is not covered by provincial medical or hospital insurance plans.

Marginal note:Medical treatment after discharge

• 44 (1) Subject to subsection (2), a regular member or special constable member who is discharged from the Force is entitled to the medical treatment referred to in section 43 until the earlier of the following:

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

  • (b) the day on which the member becomes entitled to coverage for medical and hospital expenses under the Public Service Health Care Plan; or

  • (c) the end of three months after the day on which the member is discharged.

• Marginal note:Hospital treatment after discharge

  (2) If the member is hospitalized at the time of the member’s discharge from the Force, the member is entitled to a continuation of the medical treatment after the date of discharge until the time that the member is discharged from the hospital.

Marginal note:Coverage for dependants

45 If a member is posted to an isolated post in Yukon, the Northwest Territories or Nunavut or to a post outside Canada, the dependants of that member who accompany the member are entitled, at the Force’s expense, to medical examination and immunization against all diseases that prevail in the area.

Contingency Accounts

Marginal note:Opening contingency account

46 The Commissioner may authorize a member to open a contingency account for the operational or administrative requirements of the Force in a bank approved by the Commissioner.

Fines and Fees

Marginal note:Payment received by member

47 All payments received by a member in respect of fines, fees or other amounts due to Her Majesty in right of Canada or a province, or a municipality, is the responsibility of the member and must be remitted, as soon as possible, in the manner approved by the Commissioner.

Marginal note:Payment other than cash

48 A member whose responsibility it is to collect fines, fees or other amounts due to Her Majesty in right of Canada or a province, or a municipality, and who accepts anything other than cash in payment is, unless the Commissioner orders otherwise, personally responsible for the payment of that fine, fee or other amount.

Benefit Trust Fund

Marginal note:Monies payable to Benefit Trust Fund

• 49 (1) All money paid to the Benefit Trust Fund under subsections 23(1) and (2) of the Act must be paid into the Consolidated Revenue Fund to the account of the Royal Canadian Mounted Police Benefit Trust Fund.

• Marginal note:Interest

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

Marginal note:Management of Benefit Trust Fund

• 50 (1) The Commissioner must nominate an advisory committee, consisting of three officers and one other member, to be approved by the Minister, to assist in the management of the Benefit Trust Fund.

• Marginal note:Advisory committee

  (2) The advisory committee must

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

  • (b) carry out the daily management of the Fund.

Marginal note:Grants

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

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

  • (b) a member in recognition of the member’s outstanding contribution in bringing an important investigation to a successful conclusion;

  • (c) a member in recognition of any act of special endurance or bravery or any act demonstrating outstanding professional ethics or integrity in the performance of the member’s duties;

  • (d) a member, to the extent that the Government of Canada or the government of a province is unwilling or unable to reimburse the member for loss or damage to the member’s personal effects or property in the performance of the member’s duties;

  • (e) a member who is discharged from the Force while still in need of medical treatment;

  • (f) a former member or dependants of a deceased former member who are in need of financial assistance;

  • (g) the Royal Canadian Mounted Police Veterans’ Association to maintain a program to seek out and assist former members and their dependants under terms and conditions set out by the advisory committee;

  • (h) the spouse or common-law partner and the dependants, parents, brothers and sisters of a member, public service employee, reservist or auxiliary constable who is killed on duty, for expenses they incurred while travelling to a Force memorial service, approved by the Commissioner in honour of the deceased, in the manner and amount determined by Treasury Board; and

  • (i) the spouse or common-law partner and the dependants, parents, brothers and sisters of a member, public service employee, reservist or auxiliary constable who is killed on duty, for expenses they incurred while travelling to a criminal trial, public inquiry or parole review in relation to that death.

• Marginal note:Grants for certain purposes

  (2) Grants may be made out of the Benefit Trust Fund for the purpose of

  • (a) covering the reasonable costs of a burial for a former member who dies without leaving sufficient funds for their burial and in respect of whom there is no other source from which the burial expenses can be paid;

  • (b) purchasing wreaths in honour of deceased former members;

  • (c) covering costs associated with engraving memorial plaques and creating an honour roll page at the RCMP Academy, “Depot” Division to honour a member, public service employee, reservist or auxiliary constable who is killed on duty;

  • (d) covering the reasonable funeral reception expenses if the death of a member is duty-related;

  • (e) purchasing and installing an honour roll or memorial plaque in the division in which a member was posted at the time that the member was killed on duty;

  • (f) covering the reasonable costs of a memorial service held at the RCMP Academy, “Depot” Division to honour a member, public service employee, reservist or auxiliary constable who is killed on duty;

  • (g) paying travel expenses incurred by persons while travelling on Benefit Trust Fund business, including those incurred by persons who are requested by the advisory committee to appear before the committee, in the manner and amount determined by Treasury Board;

  • (h) covering the costs of improving and maintaining real property or immovables within Canada used as recreational areas by members, former members, spouses or common-law partners and their dependants;

  • (i) covering the costs of providing a member at the time of retirement with the identification badge of the member;

  • (j) supporting members participating in competitions of marksmanship; and

  • (k) further assisting members, former members, spouses or common-law partners and their dependants, in amounts authorized by the Commissioner.

• Marginal note:Loans

  (3) Loans may be made out of the Benefit Trust Fund to members referred to in paragraphs (1)(a), (d), and (e) and for the purpose referred to in paragraph (2)(k).

• Marginal note:Recreational areas

  (4) A grant may be made out of the Benefit Trust Fund for the purpose of acquiring real property or immovables within Canada to be used as recreational areas by members, former members, spouses or common-law partners and their dependants.

Marginal note:Monthly deductions

• 52 (1) Before a loan is made to a member out of the Benefit Trust Fund, the member must undertake to repay the loan by means of monthly deductions from the member’s pay in the amounts and for the periods determined by the advisory committee.

• Marginal note:Unpaid loan

  (2) If a member to whom a loan is made out of the Benefit Trust Fund ceases to be a member, the unpaid balance of the loan is payable and is a charge against any money owing to the member by Her Majesty in right of Canada.

Marginal note:Withdrawal

• 53 (1) A withdrawal from the Benefit Trust Fund under section 51 must be authorized by

  • (a) the advisory committee, if the amount does not exceed $20,000;

  • (b) the Commissioner, if the amount exceeds $20,000 but is not more than $50,000; or

  • (c) the Minister, if the amount exceeds $50,000.

• Marginal note:Payments made in error

  (2) Despite 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.

Marginal note:Conversion to grant

• 54 (1) If a member to whom a loan is made out of 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 unpaid balance to a grant.

• Marginal note:Conversion loan exceeding $50,000

  (2) The conversion to a grant of the unpaid balance of a loan that exceeded $50,000 must be authorized by the Minister.

Marginal note:Signature of cheques

55 Requisitions for cheques on the Benefit Trust Fund must be signed by officers authorized by the Minister and countersigned by members designated by the Commissioner.

Staff Relations Representative Program

Marginal note:Establishment

• 56 (1) The Force must establish a Staff Relations Representative Program to provide for representation of the interests of members in respect of staff relations matters.

• Marginal note:Election of representatives

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

• Marginal note:Privilege

  (3) If a member who is the subject of a proceeding under Part IV of the Act is represented or assisted by a staff relations representative, communications passing in confidence between them in relation to the proceeding are, for the purposes of the Act, privileged as if they were communications passing in professional confidence between the member and their legal counsel, except if disclosure of any of those communications is required by law.

National Police Services

Marginal note:Establishment

• 57 (1) The Force must establish and maintain national police services, for the purpose of assisting law enforcement agencies in Canada in detecting and investigating criminal activity, including the following:

  • (a) forensic laboratory services;

  • (b) a national repository of criminal history record information; and

  • (c) any other scientific, technical, training, informational or information technology services as directed by the Commissioner.

• Marginal note:External provision of services

  (2) The Commissioner may direct that those services be provided to foreign law enforcement agencies.

• Marginal note:Terms and conditions

  (3) The terms and conditions of access to those services by law enforcement agencies are subject to approval by the Commissioner.

• Marginal note:Scope

  (4) Law enforcement agencies include federal and provincial government departments and agencies and courts of criminal jurisdiction.

Referral to Victim Services Organization

Marginal note:Definitions

57.1 The following definitions apply in this section and in sections 57.2 to 57.4.

referral information

referral information, in respect of a person, means

• (a) their name, age, gender and language preference;

• (b) their phone number, home address or any other contact information necessary to facilitate contact with them; and

• (c) a description of the general nature of the crime, offence or other incident in question. (renseignements d’aiguillage)

victim services organization

victim services organization means an organization that

• (a) is certified by the director or manager of victim services in the province in which it operates as complying with that province’s requirements in respect of security clearances and the handling, transmission, transportation, storage and destruction of personal information; and

• (b) is recognized by the Commanding Officer of the division of the Force that is located in that province as an organization that may receive information for the purposes of section 57.2, having regard to the provincial certification referred to in paragraph (a) and any other information about the organization of which the Commanding Officer may have become aware in the course of the performance of his or her duties in that province. (organisme d’aide aux victimes)

Marginal note:Limitations on disclosure

• 57.2 (1) In the course of the performance of their duties under paragraph 18(a) of the Act or at common law, a member who is a peace officer may disclose referral information in respect of a person to a victim services organization only if

  • (a) the member has reasonable grounds to believe that the person has suffered — or is at risk of suffering — physical or emotional harm or economic loss as a result of a crime, offence or other incident that has been investigated by the Force or in respect of which the Force’s assistance was provided;

  • (b) the member has reasonable grounds to believe that the support of a victim services organization is necessary to preserve the peace, to prevent commission of a crime or an offence, to prevent physical or emotional harm to the person or to protect the person from economic loss;

  • (c) the disclosure is for the sole purpose of referring the person to the organization; and

  • (d) the disclosure is limited to the amount of referral information in respect of the person that is necessary to refer them to the organization.

• Marginal note:Disclosure about third parties

  (2) In the context of the disclosure of a person’s referral information, the member may disclose to the victim services organization information in respect of any third party who was involved in the crime, offence or other incident, including their identity and presumed location, but only to the extent necessary to effect the referral of the person without endangering anyone.

Marginal note:Informing referred person

57.3 The Force shall make reasonable efforts to ensure that a person whose referral information is disclosed for the purpose of referring them to a victim services organization is made aware of the disclosure.

Marginal note:Non-derogation

57.4 For greater certainty, nothing in section 57.2 or 57.3 is intended

• (a) to prevent a member from disclosing any personal information in respect of a person

  • (i) to a victim services organization with the consent of the person, or

  • (ii) to victim services personnel who are employed by the Force or who are otherwise under its supervision and direction; or

• (b) to derogate from the common law powers of a peace officer except to the extent that those sections restrict a member’s exercise of those powers in respect of the member’s disclosure of referral information to a victim services organization.

Disclosure — Intimate Partner Violence

Marginal note:Definitions

57.5 The following definitions apply in this section and in sections 57.6 and 57.7.

Clare’s Law

Clare’s Law means the legislation of a province regarding the provision by a police service or police force of disclosure information relating to the risk of intimate partner violence. (loi de Clare)

disclosure information

disclosure information means the information that is to be disclosed under the Clare’s Law that is applicable in the province in which the disclosure is to be made. (renseignements visés)

Marginal note:Disclosure information

57.6 If the Force is the police force for a province in which Clare’s Law is in force, or for a municipality in such a province, a member who is a peace officer may provide disclosure information.

Marginal note:Non-derogation

57.7 For greater certainty, nothing in section 57.6 is intended to derogate from the common law powers or powers under any other law of a member who is a peace officer.

Repeal

58 [Repeal]

Coming into Force

Marginal note:Registration

59 These Regulations come into force on the day on which they are registered.