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

AMENDMENTS NOT IN FORCE

• — 2013, c. 18, ss. 8(2), (3)

  • • 8 (2) Subsection 7(1) of the Act is replaced by the following:

      • Appointment and designation

        • 7 (1) The Commissioner may

          • (a) appoint members of the Force other than officers;

          • (b) by way of promotion appoint a member other than an officer to a higher rank for which there is a vacancy in the establishment of the Force;

          • (c) where the Commissioner is requested by any department of the Government of Canada or considers it necessary or in the public interest, appoint for a period not exceeding twelve months at any one time special constables supernumerary to the strength of the Force for the purpose of maintaining law and order; and

          • (d) designate any member, any supernumerary special constable appointed under this subsection or any temporary employee employed under subsection 10(2) as a peace officer.

    • R.S., c. 8 (2nd Supp.), s. 4

      (3) Subsection 7(2) of the Act is replaced by the following:

      • Ranks

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

• — 2013, c. 18, s. 15(1)

  • R.S., c. 8 (2nd Supp.), s. 13

    • 15 (1) Subsection 22(1.1) of the Act is replaced by the following:

      • Reduction in pay if demotion

        (1.1) If a member is demoted under this Act, the member’s rate of pay shall be reduced to the highest rate of pay for the rank to which the member is demoted that does not exceed the member’s rate of pay at the time of the demotion.

• — 2013, c. 18, ss. 77(1), (3), (4), (7) to (12), (14), (15), (19), (20)

  • R.S., c. R-10

    • 77 (1) In this section, “the other Act” means the Royal Canadian Mounted Police Act.

    • (3) On the first day on which both subsections 8(1) and (2) of this Act are in force, subsection 7(1) of the other Act is replaced by the following:

      • Appointment and designation

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

    • (4) On the first day on which section 9.2 of the other Act, as enacted by section 10 of this Act, and subsections 8(2) and (3) and 15(1) of this Act are all in force, that section 9.2 is replaced by the following:

      • Revocation of appointment

        9.2 The Commissioner’s power to appoint a person as a member or to appoint a member, by way of promotion, to a higher rank, includes the power to revoke the appointment and to take corrective action whenever the Commissioner is satisfied that an error, an omission or improper conduct affected the selection of the person or member for appointment.

    • (7) On the first day on which subsections 8(2) and (3) and 15(1) and section 35 of this Act are all in force, paragraph 45.4(1)(f) of the other Act is replaced by the following:

      • (f) medical information about a member or other person appointed under the authority of Part I.

    • (8) On the first day on which subsections 8(2) and (3) and 15(1) and section 35 of this Act are all in force, paragraph 45.42(1)(a) of the other Act is replaced by the following:

      • (a) information relating to a request made by a member or other person appointed under the authority of Part I for legal assistance or indemnification from Her Majesty in right of Canada;

    • (9) On the first day on which subsections 8(2) and (3) and 15(1) and section 35 of this Act are all in force, paragraph 45.42(1)(c) of the other Act is replaced by the following:

      • (c) information that is protected by the privilege that exists between legal counsel and their client and that relates to the provision of advice to a member or other person appointed under the authority of Part I when the privilege may be claimed by the member or other person and not the Force;

    • (10) On the first day on which subsections 8(2) and (3) and 15(1) and section 35 of this Act are all in force, subsection 45.53(1) of the other Act is replaced by the following:

      • Complaints

        • 45.53 (1) Any individual may make a complaint concerning the conduct, in the performance of any duty or function under this Act or the Witness Protection Program Act, of any person who, at the time that the conduct is alleged to have occurred, was a member or other person appointed under Part I.

    • (11) On the first day on which subsections 8(2) and (3) and 15(1) and section 35 of this Act are all in force, subsection 45.53(4) of the other Act is replaced by the following:

      • Complaint by members or certain other persons

        (4) The Commission shall refuse to deal with a complaint made under subsection (1) by a member or other person appointed under Part I if the complaint has been or could have been adequately dealt with, or could more appropriately be dealt with, according to a procedure provided for under this Act or any other Act of Parliament.

    • (12) On the first day on which subsections 8(2) and (3) and 15(1) and section 35 of this Act are all in force, paragraph 45.53(8)(b) of the other Act is replaced by the following:

      • (b) any member or other person appointed under Part I; or

    • (14) On the first day on which subsections 8(2) and (3) and 15(1) and section 35 of this Act are all in force, subsection 45.59(1) of the other Act is replaced by the following:

      • Complaints initiated by Chairperson

        • 45.59 (1) If the Chairperson is satisfied that there are reasonable grounds to investigate the conduct, in the performance of any duty or function under this Act or the Witness Protection Program Act, of any person who, at the time that the conduct is alleged to have occurred, was a member or other person appointed under Part I, the Chairperson may initiate a complaint in relation to that conduct.

    • (15) On the first day on which subsections 8(2) and (3) and 15(1) and section 35 of this Act are all in force, subsection 45.61(2) of the other Act is replaced by the following:

      • Duty to refuse or terminate investigation

        (2) The Commissioner shall direct the Force to not commence or continue an investigation of a complaint by a member or other person appointed under Part I if the complaint has been or could have been adequately dealt with, or could more appropriately be dealt with according to a procedure provided for under this Act or any other Act of Parliament.

    • (19) On the first day on which subsections 8(2) and (3) and 15(1) and section 35 of this Act are all in force, subsection 45.75(1) of the other Act is replaced by the following:

      • Joint investigation, review or hearing

        • 45.75 (1) If a complaint concerns the conduct of a member or other person appointed under Part I and a law enforcement officer of any other jurisdiction, whether in or outside Canada, the Commission may conduct an investigation, review or hearing of that complaint jointly with the authority in that other jurisdiction that is responsible for investigations, reviews or hearings with respect to complaints against law enforcement officers.

    • (20) On the first day on which subsections 8(2) and (3) and 15(1) and section 35 of this Act are all in force, the portion of the definition serious incident in subsection 45.79(1) of the other Act before paragraph (a) is replaced by the following:

      serious incident

      serious incident means an incident in which the actions of a member or other person appointed under Part I or any person assisting the Force in exercising its powers or performing its duties and functions under this Act (incident grave)

• — 2013, c. 18, s. 82

  • 82 On the first day on which both subsections 8(2) and (3) and 15(1) of this Act are all in force and subsection 78(2) or (3) of this Act has produced its effects,

    • (a) paragraph 45.9(j) of the Royal Canadian Mounted Police Act is replaced by the following:

      • (j) a reference to a member or other person appointed under the authority of Part I in paragraphs 45.4(1)(f) and 45.42(1)(a) and (c) is to be read as a reference to a designated officer who was appointed under paragraph 7(1)(a) of the Integrated Cross-border Law Enforcement Operations Act;

    • (b) paragraph 45.94(1)(c) of the Royal Canadian Mounted Police Act is replaced by the following:

      • (c) a reference to a member or other person appointed under Part I, other than in paragraph 45.53(8)(b), is to be read as a reference to a designated officer;

• — 2024, c. 25, s. 93

  • • 93 (1) The definition proceedings in subsection 2(1) of the Royal Canadian Mounted Police Act is repealed.

    • (2) The definition Commission in subsection 2(1) of the Act is replaced by the following:

      Commission

      Commission means the Public Complaints and Review Commission established by subsection 3(1) of the Public Complaints and Review Commission Act; (Commission)

• — 2024, c. 25, s. 94

  • 94 Subsection 5(2) of the Act is replaced by the following:

    • Delegation

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

• — 2024, c. 25, s. 96

  • 96 Paragraph 24.1(6)(b) of the Act is replaced by the following:

    • (b) any answer or statement made in response to a question described in subsection 35(8), 40(2) or 45.1(5) of this Act or subsection 50(2) of the Public Complaints and Review Commission Act;

• — 2024, c. 25, s. 97

  • 97 Sections 45.171 to 45.173 of the Act are replaced by the following:

    • Notice to complainant or third party and Commission

      45.171 If an individual or third party makes a complaint under subsection 33(1) of the Public Complaints and Review Commission Act in respect of any conduct by a member that is also an alleged contravention of a provision of the Code of Conduct, the individual or third party, as the case may be, 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.

    • Notice to person making representations

      45.172 If representations have been received by the RCMP from a person who was given an opportunity to do so under subsection 44(1) of the Public Complaints and Review Commission Act in respect of an alleged contravention of a provision of the Code of Conduct by a member, the person is 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.

    • Notice to Chairperson

      45.173 If the Chairperson of the Commission initiates a complaint under subsection 36(1) of the Public Complaints and Review Commission Act in respect of any conduct by a member that is also an alleged contravention of a provision of the Code of Conduct, the Chairperson of the Commission is 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.

• — 2024, c. 25, s. 98

  • 98 Parts VI and VII of the Act are repealed.

• — 2024, c. 25, s. 99

  • 99 Subsection 45.79(1) of the Act is amended by adding the following in alphabetical order:

    Chairperson

    Chairperson means the Chairperson of the Commission. (président)

• — 2024, c. 25, s. 100

  • 100 Section 45.8 of the Act is replaced by the following:

    • Notification

      45.8 The Commissioner shall, as soon as feasible, notify the Commission and the designated authority for a province of a serious incident that is alleged to have occurred in that province.

• — 2024, c. 25, s. 101

  • 101 Subsections 45.83(5) and (6) of the Act are replaced by the following:

    • Immunity

      (5) An observer appointed by a designated authority for the purposes of this Part has the same immunity that an observer appointed by the Commission has under subsection 11(1) of the Public Complaints and Review Commission Act.

    • Observers are compellable

      (6) Despite subsection 11(3) of the Public Complaints and Review Commission Act, but subject to section 45.86, every observer is a compellable witness in every criminal, civil or administrative action or proceeding, or inquiry, in respect of any matter coming to the knowledge of the observer as a result of exercising a power or performing a duty or function under this Part.

• — 2024, c. 25, s. 102

  • 102 Section 45.86 of the Act is replaced by the following:

    • Information subject to privilege

      45.86 Nothing in this Part authorizes a person to disclose to an observer privileged information, as defined in subsection 17(1) of the Public Complaints and Review Commission Act, and an observer shall not use or disclose that information if it is disclosed.

• — 2024, c. 25, s. 103

  • 103 The heading of Part VII.2 of the Act is replaced by the following:

    Serious Incidents — Integrated Cross-Border Law Enforcement Operations

• — 2024, c. 25, s. 104

  • 104 Subsections 45.88(2) and (3) of the Act are replaced by the following:

    • Clarification — section 50.3

      (3) For greater certainty, a reference in section 50.3 to section 45.86 as a result of section 45.98 is also to be read as a reference to that provision as modified by section 45.98.

• — 2024, c. 25, s. 105

  • 105 Sections 45.89 to 45.97 of the Act are replaced by the following:

    • Purpose

      45.89 The purpose of this Part is to establish certain requirements with respect to the investigation of serious incidents related to integrated cross-border operations.

• — 2024, c. 25, s. 106

  • 106 Subparagraph 50(1)(d)(i) of the Act is replaced by the following:

    • (i) to injure the reputation of a member of a board of inquiry under Part I, the Committee under Part III, IV or V, an adjudication board under Part IV, a discharge and demotion board under Part V or the Commission under Part 2 or 3 of the Public Complaints and Review Commission Act or a witness before any of those entities by exposing that member or witness to contempt, insult or ridicule, or

• — 2024, c. 25, s. 107

  • 107 Sections 50.1 to 51 of the Act are replaced by the following:

    • Offence to disclose certain information

      50.3 Every person who contravenes section 45.86 is

      • (a) guilty of an indictable offence and liable to imprisonment for a term of not more than five years; or

      • (b) guilty of an offence punishable on summary conviction and liable to a fine of not more than $5,000 or to imprisonment for a term of not more than six months, or to both.

    • Punishment

      51 Every person who is convicted of an offence under this Part, except under section 50 or 50.3, is liable to a fine of not more than $500 or to imprisonment for a term of not more than six months, or to both.

• — 2024, c. 25, s. 112

  • Terminology change — English version

    112 Unless the context requires otherwise, every reference to “Force” is replaced by a reference to “RCMP” in the English version of every Act of Parliament and the English version of every order, regulation or other instrument made under an Act of Parliament.

• — 2024, c. 25, s. 113

  • Definitions

    • 113 (1) The following definitions apply in this section.

      former Commission

      former Commission means the Civilian Review and Complaints Commission for the Royal Canadian Mounted Police established by subsection 45.29(1) of the Royal Canadian Mounted Police Act. (ancienne Commission)

      new Commission

      new Commission means the Commission. (nouvelle Commission)

    • Members of former Commission

      (2) The persons who hold office as Chairperson, Vice-chairperson or member of the former Commission immediately before the day on which subsection 3(1) comes into force continue in office as the Chairperson, Vice-chairperson or member, respectively, of the new Commission for the remainder of the terms for which they were appointed.

    • Employees

      (3) Nothing in this Act is to be construed as affecting the status of an employee, as defined in subsection 2(1) of the Public Service Employment Act, who, immediately before the day on which this section comes into force, occupied a position in the former Commission, except that the employee, as of that day, occupies their position in the new Commission.

    • Transfer of appropriations

      (4) Any amount appropriated, for the fiscal year in which this section comes into force, by an appropriation Act based on the Estimates for that year for defraying the charges and expenses of the former Commission that, on the day on which this section comes into force, is unexpended is deemed, on that day, to be an amount appropriated for defraying the charges and expenses of the new Commission.

    • Rights and obligations transferred

      (5) All rights and property of the former Commission and all obligations and liabilities of the former Commission are deemed to be rights, property, obligations and liabilities of the new Commission.

    • References

      (6) Every reference to the former Commission in any document executed or signed by the former Commission in its own name is to be read as a reference to the new Commission, unless the context requires otherwise.

    • Continuation of proceedings

      (7) Any action, suit or other legal or administrative proceeding to which the former Commission is a party that is pending immediately before the day on the day on which this section comes into force may be continued by or against the new Commission in the same manner and to the same extent as it would have been continued by or against the former Commission.

    • Requests

      (8) Any request made under section 45.34, 45.35 or 45.51 of the Royal Canadian Mounted Police Act, as that section read immediately before the day on which section 28 of this Act comes into force, for which the former Commission has not provided the Minister with a report before that day is deemed to be a request made under section 12, 28 or 29, as the case may be, of this Act.

    • Complaints

      (9) Any complaint made under section 45.53 or 45.59 of the Royal Canadian Mounted Police Act as they read immediately before the day on which section 33 of this Act comes into force that has not been disposed of or resolved by the former Commission before that day may be disposed of or resolved by the new Commission in accordance with the provisions of this Act.

    • Conduct

      (10) Complaints may be made under sections 33 and 36 regardless of whether the conduct to which they relate occurred before, on or after the day on which each of those sections comes into force.

    • Applications of sections 67 and 68

      (11) Sections 67 and 68 apply only in respect of complaints made under sections 33 and 36 on or after the day on which each of those sections comes into force.

• — 2024, c. 25, ss. 145(1), (4), (7)

  • 2013, c. 18

    • 145 (1) In this section, other Act means the Enhancing Royal Canadian Mounted Police Accountability Act.

    • (4) If section 2 of this Act comes into force before the day on which subsections 77(7) to (12), (14), (15) and (19) and paragraphs 82(a) and (b) of the other Act have produced their effects, then those subsections 77(7) to (12), (14), (15) and (19) and section 82 of the other Act are repealed.

    • (7) If paragraph 82(b) of the other Act produces its effects on the day on which section 2 of this Act comes into force, then that paragraph 82(b) is deemed to have produced its effects before that section 2 comes into force.