GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Royal Canadian Mounted Police Act — R-10 34
Review by Committee Chairperson 34 (1) The Committee Chairperson shall review every grievance referred to the Committee pursuant to section 33. Action by Committee Chairperson (2) Where, after reviewing a grievance, the Committee Chairperson is satisfied with the disposition of the grievance by the Force, the Committee Chairperson shall prepare and send a report in writing to that effect to the Commissioner and the member presenting the grievance. Idem (3) Where, after reviewing a grievance, the Committee Chairperson is not satisfied with the disposition of the grievance by the Force or considers that further inquiry is warranted, the Committee Chairperson may (a) prepare and send to the Commissioner and the member presenting the grievance a report in writing setting out such findings and recommendations with respect to the grievance as the Committee Chairperson sees fit; or (b) institute a hearing to inquire into the grievance. Hearing (4) Where the Committee Chairperson decides to institute a hearing to inquire into a grievance, the Committee Chairperson shall assign the member or members of the Committee to conduct the hearing and shall send a notice in writing of the decision to the Commissioner and the member presenting the grievance. R.S., 1985, c. R-10, s. 34; R.S., 1985, c. 8 (2nd Supp.), s. 16; 2013, c. 18, s. 41(E)
Royal Canadian Mounted Police Act — R-10 35
case of an appeal made under subsection 45.11(1) that is referred to the Committee under subsection 45.15(1), the member who is the subject of the decision of the conduct board and the conduct authority that initiated the hearing by that conduct board; and (c) in respect of a case of an appeal made under subsection 45.11(3) that is referred to the Committee under subsection 45.15(1), the member making the appeal and the conduct authority who made the finding under appeal or who imposed the conduct measure under appeal. R.S., 1985, c. R-10, s. 35; R.S., 1985, c. 8 (2nd Supp.), s. 16; 2013, c. 18, s. 23
Royal Canadian Mounted Police Act — R-10 36
Rules 36 Subject to the provisions of this Act and the regulations, the Commissioner may make rules governing the presentation and consideration of grievances under this Part, including rules (a) prescribing persons under the Commissioner’s jurisdiction or classes of such persons to constitute the levels in the grievance process; and (b) specifying, for the purpose of subsection 31(4), limitations, in the interests of security or the protection of privacy of persons, on the right of a member presenting a grievance to be granted access to information relating to the grievance. R.S., 1985, c. R-10, s. 36; R.S., 1985, c. 8 (2nd Supp.), s. 16; 1994, c. 26, s. 64(F); 2013, c. 18, s. 24
Royal Canadian Mounted Police Act — R-10 36.1
Recommendation for Deputy Commissioner’s discharge 36.1 If the Commissioner recommends under paragraph 20.2(1)(d), (f), (h) or (j) that a Deputy Commissioner is to be discharged from the Force, the recommendation is not to be forwarded to the Governor in Council until the expiry of the time within which a grievance may be presented under this Part. If a grievance is presented, the recommendation is to be forwarded only if the grievance is denied at the final level. 2013, c. 18, s. 25
Royal Canadian Mounted Police Act — R-10 36.2
Purposes 36.2 The purposes of this Part are (a) to establish the responsibilities of members; (b) to provide for the establishment of a Code of Conduct that emphasizes the importance of maintaining the public trust and reinforces the high standard of conduct expected of members; (c) to ensure that members are responsible and accountable for the promotion and maintenance of good conduct in the Force; (d) to establish a framework for dealing with contraventions of provisions of the Code of Conduct, in a fair and consistent manner, at the most appropriate level of the Force; and (e) to provide, in relation to the contravention of any provision of the Code of Conduct, for the imposition of conduct measures that are proportionate to the nature and circumstances of the contravention and, where appropriate, that are educative and remedial rather than punitive. 2013, c. 18, s. 26
Royal Canadian Mounted Police Act — R-10 37
Responsibilities 37 It is the responsibility of every member (a) to respect the rights of all persons; (b) to maintain the integrity of the law, law enforcement and the administration of justice; (c) to perform the member’s duties promptly, impartially and diligently, in accordance with the law and without abusing the member’s authority; (d) to avoid any actual, apparent or potential conflict of interests; (e) to ensure that any improper or unlawful conduct of any member is not concealed or permitted to continue; (f) to be incorruptible, never accepting or seeking special privilege in the performance of the member’s duties or otherwise placing the member under any obligation that may prejudice the proper performance of the member’s duties; (g) to act at all times in a courteous, respectful and honourable manner; and (h) to maintain the honour of the Force and its principles and purposes. R.S., 1985, c. R-10, s. 37; R.S., 1985, c. 8 (2nd Supp.), s. 16; 2013, c. 18, s. 27
Royal Canadian Mounted Police Act — R-10 38
Code of Conduct 38 The Governor in Council may make regulations, to be known as the Code of Conduct, governing the conduct of members. R.S., 1985, c. R-10, s. 38; R.S., 1985, c. 8 (2nd Supp.), s. 16
Royal Canadian Mounted Police Act — R-10 39
Contravention of Code of Conduct 39 (1) Every member who is alleged to have contravened a provision of the Code of Conduct may be dealt with under this Act either in or outside Canada, (a) whether or not the alleged contravention took place in or outside Canada; and (b) whether or not the member has been charged with an offence constituted by, included in or otherwise related to the alleged contravention or has been tried, acquitted, discharged, convicted or sentenced by a court in respect of such an offence. No interference with jurisdiction of courts (2) Nothing in this Act affects the jurisdiction of any court to try a member for any offence triable by that court. R.S., 1985, c. R-10, s. 39; R.S., 1985, c. 8 (2nd Supp.), s. 16; 2013, c. 18, s. 28
Royal Canadian Mounted Police Act — R-10 39.1
Rules — conduct measures 39.1 The Commissioner shall make rules (a) establishing the conduct measures, other than dismissal or recommendation for dismissal, that may be taken in respect of contraventions of provisions of the Code of Conduct and specifying which of those conduct measures may be imposed by any class of conduct authorities; and (b) governing appeals under this Part, including rules (i) prescribing the time within which an appeal may be made and providing for extensions of that time, and (ii) respecting the practice and procedure for the appeals. 2013, c. 18, s. 29
Royal Canadian Mounted Police Act — R-10 39.2
Rules — investigations 39.2 The Commissioner may make rules (a) respecting the investigation of contraventions of provisions of the Code of Conduct; and (b) respecting the exercise of the conduct authorities’ powers under subsection 42(1). 2013, c. 18, s. 29
Royal Canadian Mounted Police Act — R-10 40
Investigation 40 (1) If it appears to a conduct authority in respect of a member that the member has contravened a provision of the Code of Conduct, the conduct authority shall make or cause to be made any investigation that the conduct authority considers necessary to enable the conduct authority to determine whether the member has contravened or is contravening the provision. Member not excused from answering (2) In any investigation under subsection (1), no member shall be excused from answering any question relating to the matter being investigated when required to do so by the person conducting the investigation on the grounds that the answer to the question may tend to criminate the member or subject the member to any criminal, civil or administrative action or proceeding. Answer not receivable (3) No answer or statement made in response to a question described in subsection (2) shall be used or receivable in any criminal, civil or administrative action or proceeding, other than a proceeding under this Part regarding an allegation that with intent to mislead the member gave the answer or statement knowing it to be false. R.S., 1985, c. R-10, s. 40; R.S., 1985, c. 8 (2nd Supp.), s. 16; 2013, c. 18, s. 29
Royal Canadian Mounted Police Act — R-10 40.1
Definitions 40.1 The following definitions apply in sections 40.2 to 40.8. document means any medium on which is recorded or marked anything that is capable of being read or understood by an individual or a computer system or other device. ( document ) justice has the meaning assigned by section 2 of the Criminal Code . ( juge de paix ) night has the meaning assigned by section 2 of the Criminal Code . ( nuit ) person has the meaning assigned by section 2 of the Criminal Code . ( personne ) 2013, c. 18, s. 29
Royal Canadian Mounted Police Act — R-10
document means any medium on which is recorded or marked anything that is capable of being read or understood by an individual or a computer system or other device. ( document )
Royal Canadian Mounted Police Act — R-10
justice has the meaning assigned by section 2 of the Criminal Code . ( juge de paix )
Royal Canadian Mounted Police Act — R-10
night has the meaning assigned by section 2 of the Criminal Code . ( nuit )
Royal Canadian Mounted Police Act — R-10
person has the meaning assigned by section 2 of the Criminal Code . ( personne )
Royal Canadian Mounted Police Act — R-10 40.3
Production order 40.3 (1) On ex parte application, a justice may order a person to produce to a peace officer named in the order a document that is a copy of a document that is in their possession or control when they receive the order, or to prepare and produce a document that contains data that is in their possession or control at that time. Conditions for making order (2) Before making the order, the justice must be satisfied by information on oath that there are reasonable grounds to believe that the document will afford evidence with respect to the contravention of a provision of the Code of Conduct. Limitation (3) An order shall not be made under subsection (1) requiring a member who is under investigation for an alleged contravention of a provision of the Code of Conduct to produce a document or to prepare and produce a document that relates to that alleged contravention. 2013, c. 18, s. 29
Royal Canadian Mounted Police Act — R-10 40.4
Conditions 40.4 (1) An order made under subsection 40.3(1) may contain any conditions that the justice considers appropriate including conditions to protect a privileged communication between a person who is qualified to give legal advice and their client. Effect of order (2) The order has effect throughout Canada. Power to revoke or vary order (3) On ex parte application made by a peace officer, the justice who made the order may, on the basis of an information on oath, revoke or vary the order. The peace officer shall give notice of the revocation or variation to the person who is subject to the order as soon as feasible. 2013, c. 18, s. 29
Royal Canadian Mounted Police Act — R-10 40.5
Particulars — production orders 40.5 An order made under subsection 40.3(1) shall require a person to produce the document to a peace officer named in the order within the time, at the place and in the form specified in the order. 2013, c. 18, s. 29
Royal Canadian Mounted Police Act — R-10 40.6
Probative force of copies 40.6 Every copy of a document produced under subsection 40.3(1) is admissible in evidence in proceedings under this Part on proof by affidavit that it is a true copy and has the same probative force as the document would have if it were proved in the ordinary way. 2013, c. 18, s. 29
Royal Canadian Mounted Police Act — R-10 40.7
Application for exemption 40.7 (1) A person named in an order made under subsection 40.3(1) may, before the order expires, apply in writing to the justice who issued the order, or to any other justice, for an exemption from the requirement to produce or to prepare and produce any document. Notice (2) A person may only make the application if they give notice of their intention to do so to the peace officer named in the order to whom the document is to be produced within 15 days after the day on which the order is made. Order suspended (3) The execution of the order is suspended until a final decision is made in respect of the application. Exemption (4) The justice may grant the exemption if the justice is satisfied that (a) the document, data or information would disclose information that is privileged or otherwise protected from disclosure by law; (b) it is unreasonable to require the applicant to produce the document, data or information; or (c) the document, data or information is not in the possession or control of the applicant. 2013, c. 18, s. 29
Royal Canadian Mounted Police Act — R-10 40.8
Self-incrimination 40.8 No one is excused from complying with an order made under subsection 40.3(1) on the grounds that the document that they are required to produce may tend to criminate them or subject them to any criminal, civil or administrative action or proceeding. However, a document that an individual is required to prepare shall not be used or received in evidence against them in a criminal proceeding that is subsequently instituted against them, other than a prosecution for an offence under section 132, 136 or 137 of the Criminal Code . 2013, c. 18, s. 29
Royal Canadian Mounted Police Act — R-10 41
Notice to designated officer 41 (1) If it appears to a conduct authority in respect of a member that the member has contravened a provision of the Code of Conduct and the conduct authority is of the opinion that the conduct measures provided for in the rules are insufficient, having regard to the gravity of the contravention and to the surrounding circumstances, the conduct authority shall initiate a hearing into the alleged contravention by notifying the officer designated by the Commissioner for the purpose of this section of the alleged contravention. Limitation or prescription period (2) A hearing shall not be initiated by a conduct authority in respect of an alleged contravention of a provision of the Code of Conduct by a member after the expiry of one year from the time the contravention and the identity of that member as the one who is alleged to have committed the contravention became known to the conduct authority that investigated the contravention or caused it to be investigated. R.S., 1985, c. R-10, s. 41; R.S., 1985, c. 8 (2nd Supp.), s. 16; 2013, c. 18, s. 29
Royal Canadian Mounted Police Act — R-10 42
Conduct authority’s powers 42 (1) If a conduct authority in respect of a member is satisfied, on a balance of probabilities, that the member has contravened a provision of the Code of Conduct and the conduct authority is of the opinion that the conduct measures provided for in the rules are sufficient, having regard to the gravity of the contravention and to the surrounding circumstances, the conduct authority may impose any one or more of those conduct measures against the member. Limitation or prescription period (2) Conduct measures shall not be imposed under subsection (1) in respect of the contravention after the expiry of one year from the time the contravention and the identity of that member became known to the conduct authority that investigated the contravention or caused it to be investigated. R.S., 1985, c. R-10, s. 42; R.S., 1985, c. 8 (2nd Supp.), s. 16; 1990, c. 8, s. 66; 2002, c. 8, s. 182; 2013, c. 18, s. 29
Royal Canadian Mounted Police Act — R-10 43
Appointment 43 (1) On being notified under subsection 41(1) of an alleged contravention of a provision of the Code of Conduct by a member, the officer designated for the purpose of that subsection shall, subject to the regulations, appoint one or more persons as members of a conduct board to decide whether the member contravened the provision. Notice (2) As soon as feasible after making the appointment or appointments, the conduct authority who initiated the hearing shall serve the member with a notice in writing informing the member that a conduct board is to determine whether the member contravened a provision of the Code of Conduct. Contents of notice (3) The notice may allege more than one contravention of any provision of the Code of Conduct and is to contain (a) a separate statement of each alleged contravention; (b) a statement of the particulars of the act or omission constituting each alleged contravention; (c) the names of the members of the conduct board; and (d) a statement of the member’s right to object to the appointment of any person as a member of the conduct board as provided in section 44. Statement of particulars (4) The statement of particulars contained in the notice is to contain sufficient details, including, if practicable, the place and date of each contravention alleged in the notice, to enable the member who is served with the notice to identify each contravention in order that the member may prepare a response and direct it to the occasion and events indicated in the notice. R.S., 1985, c. R-10, s. 43; R.S., 1985, c. 8 (2nd Supp.), s. 16; 2013, c. 18, s. 29
Royal Canadian Mounted Police Act — R-10 44
Objection to appointment 44 (1) Within seven days after the day on which a member is served with a notice under subsection 43(2), the member may object in writing to the designated officer referred to in subsection 43(1) to the appointment of any person as a member of the conduct board, and the designated officer shall, on receiving the objection, decide whether to reject the objection or to allow the objection and appoint another person as a member of the board. Reasons for objection (2) The objection must contain reasons for the objection. Notice (3) After the designated officer makes a decision under subsection (1) with respect to an objection, the designated officer shall serve the member making the objection with a notice in writing setting out the decision and the reasons for it, and, if the objection is allowed, the designated officer shall (a) appoint another person as a new member of the conduct board; and (b) set out in the notice (i) the name of the other person, and (ii) a statement of the member’s right to object to the appointment of the other person as provided in this section. Objection to new person (4) The provisions of this section apply, with any modifications that the circumstances require, with respect to the appointment of a person under subsection (3) as though the notice setting out the name of the person were a notice referred to in subsection (1). R.S., 1985, c. R-10, s. 44; R.S., 1985, c. 8 (2nd Supp.), s. 16; 2013, c. 18, s. 29
Royal Canadian Mounted Police Act — R-10 45
Role of conduct board 45 (1) The role of the conduct board is to decide whether or not each allegation of a contravention of a provision of the Code of Conduct contained in the notice served under subsection 43(2) is established on a balance of probabilities. Powers (2) A conduct board has, in relation to the case before it, the powers conferred on a board of inquiry, in relation to the matter before it, by paragraphs 24.1(3)(a) to (c). Decision in writing (3) The conduct board’s decision must be recorded in writing and include a statement of the conduct board’s findings on questions of fact material to the decision, reasons for the decision and a statement of the conduct measure, if any, imposed under subsection (4). Conduct measures (4) If a conduct board decides that an allegation of a contravention of a provision of the Code of Conduct by a member is established, the conduct board shall impose any one or more of the following conduct measures on the member, namely, (a) recommendation for dismissal from the Force, if the member is a Deputy Commissioner, or dismissal from the Force, if the member is not a Deputy Commissioner, (b) direction to resign from the Force and, in default of resigning within 14 days after being directed to do so, recommendation for dismissal from the Force, if the member is a Deputy Commissioner, or dismissal from the Force, if the member is not a Deputy Commissioner, or (c) one or more of the conduct measures provided for in the rules. R.S., 1985, c. R-10, s. 45; R.S., 1985, c. 8 (2nd Supp.), s. 16; 2013, c. 18, s. 29
Royal Canadian Mounted Police Act — R-10 45.11
Appeal to Commissioner — conduct board’s decision 45.11 (1) A member who is the subject of a conduct board’s decision or the conduct authority who initiated the hearing by the conduct board that made the decision may, within the time provided for in the rules, appeal the decision to the Commissioner in respect of (a) any finding that an allegation of a contravention of a provision of the Code of Conduct by the member is established or not established; or (b) any conduct measure imposed in consequence of a finding referred to in paragraph (a). Former member (2) Every reference in subsection (1) to a member includes a former member for the purposes of any appeal with respect to a dismissal from the Force. Appeal to Commissioner — conduct authority’s decision (3) A member who is the subject of a conduct authority’s decision may, within the time provided for in the rules, appeal the decision to the Commissioner in respect of (a) any finding that an allegation of a contravention of a provision of the Code of Conduct by the member is established; or (b) any conduct measure imposed in consequence of a finding that an allegation referred to in paragraph (a) is established. Grounds of appeal (4) An appeal lies to the Commissioner on any ground of appeal. R.S., 1985, c. 8 (2nd Supp.), s. 16; 2013, c. 18, s. 29
Royal Canadian Mounted Police Act — R-10 45.15
Referral to Committee 45.15 (1) If an appeal relates to any of the following conduct measures, or to any finding that resulted in its imposition, the Commissioner, before considering the appeal, shall refer the case to the Committee: (a) a financial penalty of more than one day of the member’s pay; (b) a demotion; (c) a direction to resign; (d) a recommendation for dismissal; or (e) a dismissal. (2) [Repealed, 2013, c. 18, s. 30] Request by member (3) Notwithstanding subsection (1), the member whose case is appealed to the Commissioner may request the Commissioner not to refer the case to the Committee and, on such a request, the Commissioner may either not refer the case to the Committee or, if the Commissioner considers that a reference to the Committee is appropriate notwithstanding the request, refer the case to the Committee. (4) [Repealed, 2013, c. 18, s. 30] Applicable provisions (5) Sections 34 and 35 apply, with such modifications as the circumstances require, with respect to a case referred to the Committee pursuant to this section as though the case were a grievance referred to the Committee pursuant to section 33. R.S., 1985, c. 8 (2nd Supp.), s. 16; 2013, c. 18, s. 30
Royal Canadian Mounted Police Act — R-10 45.17
Recommendation for Deputy Commissioner’s dismissal 45.17 If a conduct board recommends under paragraph 45(4)(a) that a Deputy Commissioner is to be dismissed from the Force, the recommendation is not to be forwarded to the Governor in Council until the expiry of the time within which an appeal may be made under subsection 45.11(1). If an appeal is made, the recommendation is to be forwarded only if the appeal is dismissed. R.S., 1985, c. 8 (2nd Supp.), s. 16; 2013, c. 18, s. 31
Royal Canadian Mounted Police Act — R-10 45.171
Notice to complainant and Commission 45.171 If an individual makes a complaint under subsection 45.53(1) in respect of any conduct by a member that is also an alleged contravention of a provision of the Code of Conduct, the individual and the Commission are to be notified, as soon as feasible after a final decision is made under this Part in respect of the alleged contravention or the time for appealing any decision under this Part has expired, of the decision and what conduct measures, if any, have been imposed against the member. 2013, c. 18, ss. 32, 77