GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Royal Canadian Mounted Police Act — R-10 18
Duties 18 It is the duty of members who are peace officers, subject to the orders of the Commissioner, (a) to perform all duties that are assigned to peace officers in relation to the preservation of the peace, the prevention of crime and of offences against the laws of Canada and the laws in force in any province in which they may be employed, and the apprehension of criminals and offenders and others who may be lawfully taken into custody; (b) to execute all warrants, and perform all duties and services in relation thereto, that may, under this Act or the laws of Canada or the laws in force in any province, be lawfully executed and performed by peace officers; (c) to perform all duties that may be lawfully performed by peace officers in relation to the escort and conveyance of convicts and other persons in custody to or from any courts, places of punishment or confinement, asylums or other places; and (d) to perform such other duties and functions as are prescribed by the Governor in Council or the Commissioner. R.S., c. R-9, s. 18
Royal Canadian Mounted Police Act — R-10 19
19 [Repealed, R.S., 1985, c. 8 (2nd Supp.), s. 11]
Royal Canadian Mounted Police Act — R-10 20
Arrangements with provinces 20 (1) The Minister may, with the approval of the Governor in Council, enter into an arrangement with the government of any province for the use or employment of the Force, or any portion thereof, in aiding the administration of justice in the province and in carrying into effect the laws in force therein. Arrangements with municipalities (2) The Minister may, with the approval of the Governor in Council and the lieutenant governor in council of any province, enter into an arrangement with any municipality in the province for the use or employment of the Force, or any portion thereof, in aiding the administration of justice in the municipality and in carrying into effect the laws in force therein. Payment for services (3) The Minister may, with the approval of the Treasury Board, in any arrangement made under subsection (1) or (2), agree on and determine the amount of money to be paid by the province or municipality for the services of the Force. Taking over other police forces (4) There may be included in any arrangement made under subsection (1) or (2) provision for the taking over by the Force of officers and other members of any provincial or municipal police force. Report to Parliament (5) The Minister shall cause to be laid before Parliament a copy of every arrangement made under subsection (1) or (2) within fifteen days after it is made or, if Parliament is not then sitting, on any of the first fifteen days next thereafter that either House of Parliament is sitting. R.S., c. R-9, s. 20
Royal Canadian Mounted Police Act — R-10 20.1
Treasury Board’s powers 20.1 In addition to its powers under section 11.1 of the Financial Administration Act , the Treasury Board may, in the exercise of its human resources management responsibilities under paragraph 7(1)(e) of that Act, (a) determine categories of members; and (b) establish policies or issue directives respecting the exercise of the powers granted to the Commissioner by paragraphs 20.2(1)(h) and (i) and the reporting by the Commissioner in respect of the exercise of those powers. 2013, c. 18, ss. 12, 13
Royal Canadian Mounted Police Act — R-10 20.2
Commissioner’s powers 20.2 (1) The Commissioner may (a) determine the learning, training and development requirements of members and fix the terms on which the learning, training and development may be carried out; (b) provide for the awards to be made to members for outstanding performance of their duties, for other meritorious achievement in relation to their duties or for inventions or practical suggestions for improvements; (c) require a member to undergo a medical examination or an assessment by a qualified person specified by the Commissioner for the purpose of establishing the member’s ability to perform their duties or to participate in conduct related proceedings, other than a hearing initiated under subsection 41(1); (d) recommend the discharge of any Deputy Commissioner whose performance, in the opinion of the Commissioner, is unsatisfactory; (e) discharge or demote any member, other than a Deputy Commissioner, whose performance, in the Commissioner’s opinion, is unsatisfactory; (f) recommend the discharge of any Deputy Commissioner for reasons other than a contravention of any provision of the Code of Conduct; (g) discharge or demote any member, other than a Deputy Commissioner, for reasons other than a contravention of any provision of the Code of Conduct; (h) recommend the discharge of any Deputy Commissioner to whom an offer of employment is made as the result of the transfer of any work, undertaking or business from the Force to any other entity; (i) discharge any member, other than a Deputy Commissioner, to whom an offer of employment is made as the result of the transfer of any work, undertaking or business from the Force to any other entity; (j) recommend the discharge of any Deputy Commissioner for the promotion of economy and efficiency in the Force; (k) discharge any member, other than a Deputy Commissioner, for the promotion of economy and efficiency in the Force; and (l) establish procedures to investigate and resolve disputes relating to alleged harassment by a member. For cause (2) The recommendation for discharge under paragraph (1)(d) or (f), and the discharge or demotion under paragraph (1)(e) or (g), of a member may only be for cause. Delegation (3) Despite subsection 5(2), the Commissioner may delegate to any person under the Commissioner’s jurisdiction, subject to any terms and conditions that the Commissioner directs, any of the Commissioner’s powers under subsection (1). Sub-delegation (4) Any person to whom powers are delegated under subsection (3) may, subject to and in accordance with the delegation, sub-delegate any of those powers to any other person under the Commissioner’s jurisdiction. 2013, c. 18, s. 13
Royal Canadian Mounted Police Act — R-10 21
Regulations 21 (1) The Governor in Council may make regulations (a) respecting the exercise of the Commissioner’s powers under any of paragraphs 20.2(1)(a) to (g) and (j) to (l); (b) for the organization, conduct, performance of duties, discipline, efficiency, administration or good government of the Force; (b.1) respecting the qualifications of persons who are not under the Commissioner’s jurisdiction who may be designated under subsection 2(3) and the circumstances under which they may be designated; (b.2) respecting the appointment of persons to conduct boards established under section 43 and the qualification of the persons who may be appointed; (b.3) respecting the period during which records relating to investigations and proceedings under Part IV are to be retained; (b.4) respecting the service of documents required or authorized to be served under this Act including the manner and proof of service and the circumstances under which documents are to be considered to be served; and (c) generally, for carrying the purposes and provisions of this Act into effect. Rules (2) Subject to the provisions of this Act and the regulations, the Commissioner may make rules (a) prescribing a probationary period for the purposes of subsection 9.3(1); (b) respecting the decision to discharge a member under section 9.4 and the making of a complaint procedure in relation to the decision; (c) prescribing a notice period for the purposes of subsection 9.4(1); (d) respecting the Commissioner’s authority under subsection 22(2) to direct the stoppage of pay and allowances of members; (e) respecting the application of any of paragraphs 20.2(1)(a), (b), (c) and (l); (f) respecting the making of a decision to recommend the discharge of a Deputy Commissioner under any of paragraphs 20.2(1)(d), (f) and (j); (g) respecting the making of a decision to discharge or demote a member under any of paragraphs 20.2(1)(e), (g) and (k); (h) defining standardized test for the purposes of subsection 31(4.1); (i) respecting the performance by members of their duties; (j) establishing basic requirements for the carrying on of a member’s duties as a member; (k) respecting the conduct of members; (l) respecting the designation of persons to be conduct authorities; and (m) respecting the organization, efficiency or administration or good government of the Force. R.S., 1985, c. R-10, s. 21; R.S., 1985, c. 8 (2nd Supp.), s. 12; 2013, c. 18, s. 14
Royal Canadian Mounted Police Act — R-10 22
Pay and allowances 22 (1) The Treasury Board shall establish the pay and allowances to be paid to members. Reduction in pay where demotion (1.1) Where, pursuant to this Act, a member is demoted, the rate of pay of that member shall be reduced to the highest rate of pay for the rank or level to which the member is demoted that does not exceed the member’s rate of pay at the time of the demotion. Stoppage of pay and allowances (2) The Commissioner may direct that a member’s pay and allowances be stopped if (a) the Commissioner is of the opinion that the member (i) is unable to perform their duties as the result of the loss of a basic requirement, as set out in the rules, for the carrying out of a member’s duties, (ii) is absent from duty without authorization, or (iii) has left any assigned duty without authorization; (b) the Commissioner has suspended the member from duty under section 12; or (c) the member is a Deputy Commissioner who is the subject of a recommendation made under paragraph 20.2(1)(d), (f), (h) or (j). Imprisonment (3) For the purpose of paragraph (2)(a), being absent from duty without authorization includes being detained in custody or serving a period of imprisonment. R.S., 1985, c. R-10, s. 22; R.S., 1985, c. 8 (2nd Supp.), s. 13; 2013, c. 18, s. 15
Royal Canadian Mounted Police Act — R-10 23
Fees, gifts, etc., payable to Fund 23 (1) All (a) fees, costs, remuneration or commissions, other than pay and allowances under section 22, and (b) gifts, awards and bequests, if money or converted into money, other than gifts or rewards under subsection (3), earned by or awarded, paid or granted to any member in connection with the performance of the member’s duties in the Force shall be paid to the Benefit Trust Fund maintained by the Force, unless the Minister directs otherwise. Pay, forfeitures payable to Fund (2) Notwithstanding any other Act, all pay forfeited under this Act and the proceeds of all forfeitures and seizures awarded or adjudged to any member in connection with the performance of the member’s duties in the Force shall be paid to the Benefit Trust Fund maintained by the Force. Purpose of Benefit Trust Fund (3) The money paid to the Benefit Trust Fund pursuant to this section shall be used (a) for the benefit of members and former members and their dependants; (b) as a reward, grant or compensation to any person who assists the Force in the performance of its duties in any case where the Minister is of the opinion that the person is deserving of recognition for the service rendered; (c) as a reward to any person appointed or employed under the authority of this Act for good conduct or meritorious service; and (d) for such other objects for the benefit of the Force as the Minister may direct. Regulations (4) The Governor in Council may make regulations governing the management and disposition by loan, grant or otherwise of any money paid to the Benefit Trust Fund pursuant to this section. R.S., 1985, c. R-10, s. 23; R.S., 1985, c. 8 (2nd Supp.), s. 14
Royal Canadian Mounted Police Act — R-10 24
Abandoned or lost property 24 Where it appears to the Commissioner (a) that any personal property that has, in Yukon, the Northwest Territories or Nunavut, come into the hands of any member in the course of the member’s duties has been abandoned by the owner of it or the person entitled to it, or (b) that a reasonable attempt has been made to find the owner of or person entitled to any personal property that has, in Yukon, the Northwest Territories or Nunavut, come into the hands of any member in the course of the member’s duties, but the owner or person cannot be found, the Commissioner may make such disposition of the property as the Commissioner in the circumstances deems fit, but the proceeds, if any, from the sale or other disposition of the property, and any such property consisting of money, shall be paid into the Consolidated Revenue Fund. R.S., 1985, c. R-10, s. 24; R.S., 1985, c. 8 (2nd Supp.), s. 24(E); 1993, c. 28, s. 78; 2002, c. 7, s. 235(E)
Royal Canadian Mounted Police Act — R-10 24.1
), (a) while a child is testifying in an investigation or at a hearing by a board of inquiry, the child’s parent or guardian may be present; and (b) when authorized by a board of inquiry, a member may attend a hearing before the board as an observer for the purpose of familiarizing the member with procedures under this section. Return of documents, etc. (11) Any document or thing produced pursuant to this section to a board of inquiry shall, on the request of the person producing the document or thing, be released to that person within a reasonable time after completion of the board’s investigation and report. R.S., 1985, c. 8 (2nd Supp.), s. 15; 2013, c. 18, ss. 16, 77, 80
Royal Canadian Mounted Police Act — R-10 25
Committee established 25 (1) There is hereby established a committee, to be known as the Royal Canadian Mounted Police External Review Committee, consisting of a Chairperson, a Vice-chairperson and not more than three other members, to be appointed by order of the Governor in Council. Full- or part-time (2) The Committee Chairperson is a full-time member of the Committee and the other members may be appointed as full-time or part-time members of the Committee. Tenure of office (3) Each member of the Committee shall be appointed to hold office during good behaviour for a term not exceeding five years but may be removed for cause at any time by order of the Governor in Council. Re-appointment (4) A member of the Committee is eligible for re-appointment on the expiration of the member’s term of office. Eligibility (5) No member of the Force is eligible to be appointed or to continue as a member of the Committee. Salary of full-time members (6) Each full-time member of the Committee is entitled to be paid such salary in connection with the work of the Committee as may be approved by order of the Governor in Council. Fees of part-time members (7) Each part-time member of the Committee is entitled to be paid such fees in connection with the work of the Committee as may be approved by order of the Governor in Council. Expenses (8) Each member of the Committee is entitled to be paid reasonable travel and living expenses incurred by the member while absent from the member’s ordinary place of residence in connection with the work of the Committee. Benefits of full-time members (9) The full-time members of the Committee are deemed to be employed in the public service for the purposes of the Public Service Superannuation Act and to be employed in the federal public administration for the purposes of the Government Employees Compensation Act and any regulations made under section 9 of the Aeronautics Act . R.S., 1985, c. R-10, s. 25; R.S., 1985, c. 8 (2nd Supp.), s. 16; 2003, c. 22, s. 216(E); 2013, c. 18, s. 41(E)
Royal Canadian Mounted Police Act — R-10 26
Committee Chairperson 26 (1) The Committee Chairperson is the chief executive officer of the Committee and has supervision over and direction of the work and staff of the Committee. Absence or incapacity (2) In the event of the absence or incapacity of the Committee Chairperson or if the office of Committee Chairperson is vacant, the Minister may authorize the Vice-chairperson to exercise the powers and perform the duties and functions of the Committee Chairperson. Delegation (3) The Committee Chairperson may delegate to the Vice-chairperson any of the Committee Chairperson’s powers, duties or functions under this Act, except the power to delegate under this subsection and the duty under section 30. R.S., 1985, c. R-10, s. 26; R.S., 1985, c. 8 (2nd Supp.), s. 16; 2013, c. 18, s. 41(E)
Royal Canadian Mounted Police Act — R-10 27
Head office 27 (1) The head office of the Committee shall be at such place in Canada as the Governor in Council may, by order, designate. Staff (2) Such officers and employees as are necessary for the proper conduct of the work of the Committee shall be appointed in accordance with the Public Service Employment Act . Idem (3) The Committee may, with the approval of the Treasury Board, (a) engage on a temporary basis the services of persons having technical or specialized knowledge of any matter relating to the work of the Committee to advise and assist the Committee in the exercise or performance of its powers, duties and functions under this Act; and (b) fix and pay the remuneration and expenses of persons engaged pursuant to paragraph (a). R.S., 1985, c. R-10, s. 27; R.S., 1985, c. 8 (2nd Supp.), s. 16
Royal Canadian Mounted Police Act — R-10 28
Duties of Committee 28 (1) The Committee shall carry out such functions and duties as are assigned to it by this Act. Duties of Committee Chairperson (2) The Committee Chairperson shall carry out such functions and duties as are assigned to the Committee Chairperson by this Act. R.S., 1985, c. R-10, s. 28; R.S., 1985, c. 8 (2nd Supp.), s. 16; 2013, c. 18, s. 41(E)
Royal Canadian Mounted Police Act — R-10 28.1
Service standards respecting time limits 28.1 The Committee shall establish, and make public, service standards respecting the time limits within which it is to deal with grievances and appeal cases that are referred to it and specifying the circumstances under which those time limits do not apply or the circumstances under which they may be extended. 2013, c. 18, s. 17
Royal Canadian Mounted Police Act — R-10 29
Rules 29 Subject to the provisions of this Act and the regulations, the Committee may make rules respecting (a) the sittings of the Committee; (b) the manner of dealing with matters and business before the Committee generally, including the practice and procedure before the Committee; (c) the apportionment of the work of the Committee among its members and the assignment of members to review grievances or cases referred to the Committee; and (d) the performance of the duties and functions of the Committee under this Act generally. R.S., 1985, c. R-10, s. 29; R.S., 1985, c. 8 (2nd Supp.), s. 16; 2013, c. 18, s. 18
Royal Canadian Mounted Police Act — R-10 30
Annual report 30 (1) The Committee Chairperson shall, within three months after the end of each fiscal year, submit to the Minister a report of the activities of the Committee during that year and its recommendations, if any, and the Minister shall cause a copy of the report to be laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the day the Minister receives it. Performance in relation to time limits (2) The report must contain information respecting the Committee’s performance in relation to the service standards established under section 28.1. R.S., 1985, c. R-10, s. 30; R.S., 1985, c. 8 (2nd Supp.), s. 16; 2013, c. 18, ss. 19, 41(E)
Royal Canadian Mounted Police Act — R-10 30.1
Former members 30.1 Every reference in this Part to a member includes a former member for the purposes of any provision respecting a grievance in relation to a discharge from the Force. 2013, c. 18, s. 20
Royal Canadian Mounted Police Act — R-10 30.2
Informal conflict management system 30.2 Subject to any policies established or directives issued by the Treasury Board, the Commissioner shall establish an informal conflict management system and inform the members of its availability. 2013, c. 18, s. 20
Royal Canadian Mounted Police Act — R-10 31
ievance has been referred to the Committee under section 33, the Committee Chairperson with a copy of the decision. Excluded appointments (7) The Governor in Council may make regulations prescribing for the purposes of subsection (3) any position in the Force that reports to the Commissioner either directly or through one other person. R.S., 1985, c. R-10, s. 31; R.S., 1985, c. 8 (2nd Supp.), s. 16; 1994, c. 26, s. 63(F); 2013, c. 18, s. 21; 2017, c. 9, s. 40
Royal Canadian Mounted Police Act — R-10 32
Final level in grievance process 32 (1) The Commissioner constitutes the final level in the grievance process and the Commissioner’s decision in respect of any grievance is final and binding. Commissioner not bound (2) The Commissioner is not bound to act on any findings or recommendations set out in a report with respect to a grievance referred to the Committee under section 33, but if the Commissioner does not so act, the Commissioner shall include in the decision on the disposition of the grievance the reasons for not so acting. Rescission or amendment of decision (3) Notwithstanding subsection (1), the Commissioner may rescind or amend the Commissioner’s decision in respect of a grievance under this Part on the presentation to the Commissioner of new facts or where, with respect to the finding of any fact or the interpretation of any law, the Commissioner determines that an error was made in reaching the decision. Delegation (4) The Commissioner may delegate to any person under the Commissioner’s jurisdiction any of the Commissioner’s powers, duties or functions under this section or section 33. Sub-delegation (5) A person to whom any powers, duties or functions are delegated under subsection (4) may not sub-delegate any of them. R.S., 1985, c. R-10, s. 32; R.S., 1985, c. 8 (2nd Supp.), s. 16; 1990, c. 8, s. 65; 2002, c. 8, s. 182; 2013, c. 18, s. 22
Royal Canadian Mounted Police Act — R-10 33
Reference to Committee 33 (1) Before the Commissioner considers a grievance of a type prescribed pursuant to subsection (4), the Commissioner shall refer the grievance to the Committee. Idem (2) Notwithstanding subsection (1), a member presenting a grievance to the Commissioner may request the Commissioner not to refer the grievance to the Committee and, on such a request, the Commissioner may either not refer the grievance to the Committee or, if the Commissioner considers that a reference to the Committee is appropriate notwithstanding the request, refer the grievance to the Committee. Material to be furnished to Committee (3) Where the Commissioner refers a grievance to the Committee pursuant to this section, the Commissioner shall furnish the Committee Chairperson with a copy of (a) the written submissions made at each level in the grievance process by the member presenting the grievance; (b) the decisions rendered at each level in the grievance process in respect of the grievance; and (c) the written or documentary information under the control of the Force and relevant to the grievance. Grievances referable to Committee (4) The Governor in Council may make regulations prescribing for the purposes of subsection (1) the types of grievances that are to be referred to the Committee. R.S., 1985, c. R-10, s. 33; R.S., 1985, c. 8 (2nd Supp.), s. 16; 2013, c. 18, s. 41(E)