PART 5Miscellaneous (continued)
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.
(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.
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.
(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.
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
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.
(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
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.
(4) Law enforcement agencies include federal and provincial government departments and agencies and courts of criminal jurisdiction.
Referral to Victim Services Organization
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)
- SOR/2016-101, s. 1
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.
- SOR/2016-101, s. 1
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.
- SOR/2016-101, s. 1
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.
- SOR/2016-101, s. 1
Disclosure — Intimate Partner Violence
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.
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.
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