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Royal Canadian Mounted Police Regulations, 2014 (SOR/2014-281)

Regulations are current to 2020-01-27 and last amended on 2016-11-21. Previous Versions

PART 5Miscellaneous (continued)

Benefit Trust Fund (continued)

Marginal note:Monthly deductions

  •  (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.

Marginal note:Withdrawal

  •  (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

  •  (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

 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

Marginal note:Establishment

  •  (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.

  • Marginal note:Privilege

    (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

Marginal note:Establishment

  •  (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.

  • Marginal note:Scope

    (4) Law enforcement agencies include federal and provincial government departments and agencies and courts of criminal jurisdiction.

Referral to Victim Services Organization

Marginal note:Definitions

 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

  •  (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

 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

Marginal note:Non-derogation

 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

Repeal

 [Repeal]

Coming into Force

Marginal note:Registration

 These Regulations come into force on the day on which they are registered.

 
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