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

Hearing

Marginal note:Parties

• 45.1 (1) The parties to a hearing initiated under subsection 41(1) are the conduct authority who initiated it and the member whose conduct is the subject of the hearing.

• Marginal note:Hearing in public

  (2) The hearing shall be held in public but the conduct board, on its own initiative or at the request of any party, may order that the hearing or any part of it is to be held in camera if it is of the opinion

  • (a) that information, the disclosure of which could reasonably be expected to be injurious to the defence of Canada or any state allied or associated with Canada or to the detection, prevention or suppression of subversive or hostile activities, will likely be disclosed during the course of the hearing;

  • (b) that information, the disclosure of which could reasonably be expected to be injurious to law enforcement, will likely be disclosed during the course of the hearing;

  • (c) that information respecting a person’s financial or personal affairs, if that person’s interest or security outweighs the public’s interest in the information, will likely be disclosed during the course of the hearing; or

  • (d) that it is otherwise required by the circumstances of the case.

• Marginal note:Representation of witnesses

  (3) The conduct board shall permit any person who gives evidence at the hearing to be represented by legal counsel or a representative.

• Marginal note:Restriction

  (4) Despite subsection 45(2), but subject to subsection (5), the conduct board is not authorized to receive or accept any evidence or other information that would be inadmissible in a court of law by reason of any privilege under the law of evidence.

• Marginal note:Witness not excused from testifying

  (5) In the hearing, no witness shall be excused from answering any question relating to the case before the conduct board when required to do so by the conduct board on the grounds that the answer to the question may tend to criminate the witness or subject the witness to any criminal, civil or administrative action or proceeding.

• Marginal note:Answer not receivable

  (6) If the witness is a member, no answer or statement made in response to a question described in subsection (5) shall be used or receivable against the witness under any proceeding under Part IV regarding an allegation of a contravention of a provision of the Code of Conduct by the witness, other than a proceeding regarding an allegation that with intent to mislead the witness gave the answer or statement knowing it to be false.

• Marginal note:Order restricting publication

  (7) The conduct board may, on its own initiative or at the request of any person, make an order directing that any of the following information shall not be published in any document or broadcast or transmitted in any way:

  • (a) information that could identify a complainant, a witness or a person under the age of 18; and

  • (b) information disclosed during any part of the hearing held in camera.

• Marginal note:Absence of member

  (8) The conduct board may conduct the hearing in the absence of the member whose conduct is the subject of the hearing in the circumstances set out in the rules.

• Marginal note:Medical examination

  (9) If the member whose conduct is the subject of the hearing indicates that they are unable to attend the hearing for medical reasons, the conduct board may direct the member to undergo a medical examination or an assessment by a qualified person specified by the conduct board to determine if the member is unable to participate in the hearing for medical reasons. If the member fails to undergo the medical examination or assessment, the conduct board may conduct the hearing in the absence of the member.

Appeal

Marginal note: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).

• Marginal note: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.

• Marginal note: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.

• Marginal note:Grounds of appeal

  (4) An appeal lies to the Commissioner on any ground of appeal.

45.12 [Repealed, 2013, c. 18, s. 29]

45.13 [Repealed, 2013, c. 18, s. 29]

45.14 [Repealed, 2013, c. 18, s. 29]

Marginal note: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]

• Marginal note: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]

• Marginal note: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.

Marginal note:Disposal of appeal against conduct board’s finding

• 45.16 (1) The Commissioner may dispose of an appeal in respect of a conduct board’s finding by

  • (a) dismissing the appeal and confirming the finding being appealed; or

  • (b) allowing the appeal and either ordering a new hearing into the allegation giving rise to the finding or making the finding that, in the Commissioner’s opinion, the conduct board should have made.

• Marginal note:Disposal of appeal against conduct authority’s finding

  (2) The Commissioner may dispose of an appeal in respect of a conduct authority’s finding by

  • (a) dismissing the appeal and confirming the finding being appealed; or

  • (b) allowing the appeal and making the finding that, in the Commissioner’s opinion, the conduct authority should have made.

• Marginal note:Disposal of appeal against conduct measure

  (3) The Commissioner may dispose of an appeal in respect of a conduct measure imposed by a conduct board or a conduct authority by

  • (a) dismissing the appeal and confirming the conduct measure; or

  • (b) allowing the appeal and either rescinding the conduct measure or, subject to subsection (4) or (5), imposing another conduct measure.

• Marginal note:Restriction

  (4) If the appeal is in respect of a conduct measure imposed by a conduct authority, the Commissioner may only impose under paragraph (3)(b) a conduct measure that is provided for in the rules.

• Marginal note:Clarification

  (5) If the appeal is in respect of a conduct measure imposed by a conduct board, the Commissioner may impose any conduct measure under paragraph (3)(b) that the conduct board could have imposed, including the power to recommend dismissal from the Force, if the member is a Deputy Commissioner, or dismissal from the Force, if the member is not a Deputy Commissioner.

• Marginal note:New hearing

  (6) If the Commissioner orders a new hearing into an allegation under subsection (1), a conduct board shall be appointed in accordance with this Part to conduct the hearing and the new hearing shall be held in accordance with this Part as if it were the first hearing into that allegation.

• Marginal note:Decision

  (7) The Commissioner shall as soon as feasible render a decision in writing on an appeal, including reasons for the decision.

• Marginal note:Committee’s or Committee Chairperson’s report

  (8) If a case has been referred to the Committee under section 45.15, the Commissioner shall take into consideration the findings or recommendations set out in the report of the Committee or the Committee Chairperson in respect of the case, but the Commissioner is not bound to act on any findings or recommendations set out in the report. However, if the Commissioner does not so act, the Commissioner shall include in the decision on the appeal the reasons for not so acting.

• Marginal note:Commissioner’s decision final

  (9) A Commissioner’s decision on an appeal is final and binding.

• Marginal note:Rescission or amendment of decision

  (10) Despite subsection (9), the Commissioner may rescind or amend the Commissioner’s decision on an appeal under section 45.11 on the presentation to the Commissioner of new facts or if, 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.

• Marginal note:Delegation

  (11) The Commissioner may delegate any of the Commissioner’s powers, duties or functions under this section to any person under the Commissioner’s jurisdiction.

• Marginal note:Sub-delegation

  (12) A person to whom powers, duties or functions are delegated under subsection (11) may not sub-delegate any of them.

Marginal note: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.

Notice

Marginal note: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.

Marginal note:Notice to person making representations

45.172 If representations have been received by the Force from a person who was given an opportunity to do so under subsection 45.57(1) 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.

Marginal note:Notice to Chairperson

45.173 If the Chairperson of the Commission initiates a complaint under subsection 45.59(1) 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.

PART VManagement Advisory Board

Marginal note:Establishment

• 45.18 (1) The Management Advisory Board is established.

• Marginal note:Mandate

  (2) The mandate of the Management Advisory Board is to provide the Commissioner — on its own initiative or at the Commissioner’s request — with advice, information and reports on the administration and management of the Force, including with respect to

  • (a) the development and implementation of transformation and modernization plans;

  • (b) the effective and efficient use of resources;

  • (c) the actions to be taken to reduce corporate risks;

  • (d) the development and implementation of policies and management controls that support the operation of the Force;

  • (e) the development and implementation of corporate and strategic plans; and

  • (f) the development and implementation of operating and capital budgets.

• Marginal note:Consideration

  (2.1) In carrying out its mandate, the Management Advisory Board shall consider the impact of its advice on women, men and gender-diverse people by taking into account the intersection of sex and gender with other identity factors.

• Marginal note:Copy or summary to Minister

  (3) The Management Advisory Board may provide the Minister with a copy or a summary of any advice, information or report that it provides to the Commissioner.

Marginal note:Appointment of members

• 45.19 (1) The Management Advisory Board is to consist of not more than 13 members to be appointed by the Governor in Council on the recommendation of the Minister.

• Marginal note:Consultation

  (2) Before making a recommendation to the Governor in Council with respect to an appointment, the Minister may consult with any government with which the Minister has entered into an arrangement under subsection 20(1).

• Marginal note:Factors to be considered

  (2.1) When recommending members, the Minister shall consider the importance of having a Management Advisory Board that is representative of the diversity of Canadian society and that is comprised of members who have the experience and the capacity required to carry out the Board’s mandate.

• Marginal note:Tenure

  (3) The members are to be appointed to hold office on a part-time basis during pleasure for a renewable term of not more than four years that will ensure, as far as possible, the expiry in any one year of the terms of office of not more than one half of the members.

• Marginal note:Chairperson and Vice-chairperson

  (4) The Governor in Council shall designate, from among the members of the Management Advisory Board, one person to be the Chairperson and another person to be the Vice-chairperson.

• Marginal note:Absence of Chairperson

  (5) If the Chairperson is absent or unable to act or if the office of Chairperson is vacant, the Vice-chairperson is to act as Chairperson, but he or she is not entitled to act for a period of more than 90 days without the Governor in Council’s approval.

• Marginal note:Absence of Chairperson and Vice-chairperson

  (6) If the Chairperson and the Vice-chairperson are absent or unable to act or if those offices are vacant, the Minister may designate a member of the Management Advisory Board to act as Chairperson, but no member so designated is entitled to act for a period of more than 90 days without the Governor in Council’s approval.

• Marginal note:Security clearance

  (7) Every member of the Management Advisory Board shall obtain and maintain the necessary security clearance from the Government of Canada.

• Marginal note:Ineligibility

  (8) A person is not eligible to be appointed or to continue as a member of the Management Advisory Board if the person

  • (a) is a member or other person appointed or employed under the authority of Part I;

  • (b) is not a Canadian citizen or a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act;

  • (c) is a public office holder as defined in subsection 2(1) of the Conflict of Interest Act, unless the person is a public office holder only by virtue of their appointment as a member of the Management Advisory Board;

  • (d) is employed on a full-time basis in the federal public administration or by a provincial or municipal authority; or

  • (e) is a member of the Senate, the House of Commons, the legislature of a province or a municipal council or is on the staff of such a member.

• Marginal note:Remuneration

  (9) The members of the Management Advisory Board are to be paid the remuneration that is fixed by the Governor in Council.

• Marginal note:Travel and living expenses

  (10) The members of the Management Advisory Board are entitled to be reimbursed, in accordance with Treasury Board directives, for the travel and living expenses incurred in connection with their work for the Board while absent from their ordinary place of residence.

• Marginal note:Federal public administration

  (11) The members of the Management Advisory Board are deemed 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.