- (i) the Governor General,
- (ii) the Prime Minister of Canada,
- (iii) judges of the Supreme Court of Canada,
- (iv) ministers of the Crown in right of Canada, and
- (v) any other Canadian citizen or permanent resident, as defined in subsection 2(1) of the Immigration and Refugee Protection Act, who is designated by the Minister for the period designated by the Minister;
- (i) any person who qualifies as an “internationally protected person”, as defined in section 2 of the Criminal Code, and
- (ii) any other foreign national who is designated by the Minister for the period designated by the Minister; and
- (i) any meeting of the first ministers of the provinces and the Prime Minister of Canada that is convened by the Prime Minister of Canada, and
- (ii) any meeting of Cabinet that is not held on Parliament Hill.
Assessment by Force
(2) The duties described in paragraphs (1)(e) and (f) are to be carried out in accordance with the Force’s assessment of the threat or risk to the security of the person.
SERVICE OF DOCUMENTS
Methods of service
15. (1) A document that is required to be served under the Act must be served as soon as feasible. It may be served personally, by mail, by courier or by electronic means.
(2) Personal service of a document on an individual is effected by delivering it by hand
- (a) to the individual or to a person who has attained the age of majority, who is not under a legal disability and who is residing at the individual’s place of residence; or
- (b) if the individual is a minor or under a legal disability, to a person who has attained the age of majority, who is not under a legal disability and who is residing at the individual’s place of residence, or to the person who is acting on the individual’s behalf.
Service by mail or courier
(3) Service of a document on an individual by mail or a courier is effected
- (a) by sending it by ordinary mail to the individual’s last known address, accompanied by an acknowledgement of receipt card;
- (b) by sending it by registered mail to the individual’s last known address;
- (c) by delivering the document by courier to the individual’s last known address; or
- (d) if the individual is a minor or under a legal disability, by sending it by registered mail or delivering the document by courier to the last known address of the person who is acting on the individual’s behalf.
Service by electronic means
(4) Service of a document on an individual by electronic means is effected by sending it to the individual’s last known email address or, if the individual is a minor or under a legal disability, by sending it to the last known email address of the person who is acting on the individual’s behalf.
Proof of service
(5) Proof of service of a document on an individual is demonstrated by
- (a) in the case of service by ordinary mail, an acknowledgement of receipt card signed by the individual or by a person who has attained the age of majority, who is not under a legal disability and who is acting on the individual’s behalf;
- (b) in the case of service by registered mail, a post office receipt signed by the individual or by a person who has attained the age of majority, who is not under a legal disability and who is acting on the individual’s behalf;
- (c) in the case of service by courier, an acknowledgement of receipt card signed by the individual or by a person who has attained the age of majority, who is not under a legal disability and who is acting on the individual’s behalf;
- (d) in the case referred to in paragraph (3)(d), a post office receipt or an acknowledgement of receipt card signed by the person who is acting on the individual’s behalf;
- (e) in the case of service by electronic means, an electronic acknowledgement of receipt from the individual or from a person who is acting on the individual’s behalf; and
- (f) in all cases, an affidavit of service.
(6) In the absence of proof of service, the document is deemed to have been served on the seventh day after the day on which
- (a) it was mailed;
- (b) the party sending the document gave it to the courier to deliver; or
- (c) it was electronically transmitted.
Refusal to accept service
(7) If the individual refuses to accept a document required to be served personally, personal service is deemed to have been effected at the time of the refusal, if the person attempting service
- (a) records the refusal on the document; and
- (b) leaves a copy of the document with the individual by any reasonable means.
(8) If the individual establishes that they were acting in good faith but, for reasons beyond their control, did not receive the document on the date on which it was served, a person required under the Act to make a decision may determine a different date for service or extend the time for service of the document.
(9) The Commissioner may permit alternate methods of service when a document is required to be served personally but personal service cannot feasibly be effected.
PART 2
GRIEVANCES AND APPEALS
Prescription for subsection 31(3) of Act
16. For the purposes of subsection 31(3) of the Act, each position that reports to the Commissioner either directly or through one other person is prescribed.
Reference to Committee
17. Before an adjudicator, as defined in section 36 of the Commissioner’s Standing Orders (Grievances and Appeals), who is seized of any of the following appeals considers the appeal, the adjudicator must, subject to section 50 of those Standing Orders, refer it to the Committee:
- (a) an appeal by a complainant of a written decision referred to in subsection 6(1) and paragraph 6(2)(b) of the Commissioner’s Standing Orders (Investigation and Resolution of Harassment Complaints);
- (b) an appeal of a written decision revoking the appointment of a member under section 9.2 of the Act;
- (c) an appeal of a written decision discharging or demoting a member under paragraph 20.2(1)(e) of the Act;
- (d) an appeal of a written decision discharging or demoting a member under paragraph 20.2(1)(g) of the Act on the following grounds:
- (i) disability, as defined in the Canadian Human Rights Act,
- (ii) being absent from duty without authorization or having left an assigned duty without authorization, or
- (iii) conflict of interest;
PART 3
CODE OF CONDUCT
Code of Conduct
18. All members must conduct themselves in accordance with the Code of Conduct set out in the schedule.
PART 4
DEPUTY COMMISSIONER
19. If a Deputy Commissioner has signified an intention to resign, the Commissioner may forward a recommendation to accept the resignation to the Governor in Council and the resignation is irrevocable once accepted by the Governor in Council.
Recommendation for discharge
20. A recommendation for the discharge of a Deputy Commissioner under paragraph 20.2(1)(d), (f) or (j) of the Act must be forwarded to the Governor in Council for decision.
Recommendation for dismissal
21. A recommendation for the dismissal of a Deputy Commissioner made under subsection 45(4) of the Act in respect of which there has been no appeal under subsection 45.11(1) of the Act — or the appeal decision is to uphold the recommendation for the dismissal — must be forwarded to the Governor in Council for decision.
PART 5
MISCELLANEOUS
RESIGNATION BY MEMBER
Resignation is irrevocable
22. The resignation of a member, other than a Deputy Commissioner, is irrevocable once accepted by the Commissioner.
REINSTATEMENT OF MEMBER
23. (1) Subject to subsection (4), a member who is suspended from duty under section 12 of the Act must be reinstated if
- (a) the conduct authority in respect of the member finds that the member
- (i) did not contravene the Code of Conduct set out in the schedule; or
- (ii) did contravene the Code of Conduct and a conduct measure has been imposed under subsection 42(1) of the Act; or
- (i) did not contravene the Code of Conduct, or
- (ii) did contravene the Code of Conduct and the conduct measure imposed is not one set out in paragraph 45(4)(a) or (b) of the Act.
(2) The reinstatement is retroactive to the date of the member’s original suspension from duty.
Notice of reinstatement
(3) The conduct authority must inform the member, in writing, of the reinstatement.
Determination of Commissioner
(4) The Commissioner must determine whether to reinstate a member if the conditions of any of paragraphs (1)(a) or (b) are met and the member remains the subject of another proceeding under Part IV of the Act or is the subject of a charge for an offence under an Act of Parliament or of the legislature of a province.
EDUCATIONAL COURSES
24. (1) Every member selected to undertake at government expense a course of studies offered through a university, school, college or other place of study, of more than six months’ duration, with the exception of official languages training, must, before commencing the course, sign an undertaking agreeing to continue to serve in the Force for the duration of the course and for a period after that of two months of service for each month of the course.
(2) If a member defaults on the undertaking, or otherwise induces discharge or dismissal from the Force, the member may be required to pay all, or the portion that the Commissioner directs, of any amount paid to enable the member to attend the course.
CERTIFICATE OF SERVICE
25. A Certificate of Service in the Force must be issued by the Commissioner, in a form approved by the Commissioner, to each former member who ceased to be a member as a result of the application of section 9.5 or any of paragraphs 20.2(1)(d) to (k) of the Act or of his or her death.
UNIFORMS, EQUIPMENT AND MEDALS
26. The badge of the Force is a bison’s head in natural colours facing frontward on a blue background surrounded by a blue band with a gold border inscribed with the motto “ Maintiens le Droit ” in gold, and further surrounded by 12 green maple leaves; under the device is a gold-edged blue scroll bearing the name of the Force in gold; above the device is the St. Edward’s Crown in the authorized colours and metals and under the Crown, on a blue scroll, is the inscription “Canada”.
27. (1) The significant uniform of the Force, the design of which is subject to approval by the Minister, consists of a felt hat, scarlet tunic, blue breeches with a yellow cavalry stripe on each side, brown Strathcona boots and jack spurs, as well as other items of uniform that the Minister approves.
(2) The Commissioner must determine the occasions on which members are required to wear the significant uniform and may exempt any member from wearing any item on the basis of the member’s religious beliefs.
28. The Commissioner may authorize a member who has resigned or been discharged to wear the significant uniform and may specify the conditions and circumstances under which it may be worn.
Insignia for officers
29. (1) The insignia of rank for officers must be worn on the shoulder straps of the uniform and be
- (a) in the case of the Commissioner, a crossed sword and baton beneath a star, under a crown;
- (b) in the case of a Deputy Commissioner, a crossed sword and baton under a crown;
- (c) in the case of an Assistant Commissioner, three stars in a cluster under a crown;
- (d) in the case of a Chief Superintendent, two stars under a crown;
- (e) in the case of a Superintendent, one star under a crown; and
- (f) in the case of an Inspector, a crown.
Insignia for non-commissioned officers
(2) The insignia of rank for non-commissioned officers must be worn in the manner approved by the Commissioner and be
- (a) in the case of a Corps Sergeant-Major, the coat of arms of Canada;
- (b) in the case of a Sergeant-Major, four chevrons, points down, under a crown;
- (c) in the case of a Staff Sergeant-Major, a crown supported by maple leaves;
- (d) in the case of a Staff Sergeant, four chevrons, points up;
- (e) in the case of a Sergeant, three chevrons, points down, under a crown; and
- (f) in the case of a Corporal, two chevrons, points down.
30. (1) All uniforms for members, other than the significant uniform described in section 27, are subject to approval by the Commissioner.
Orders of dress
(2) Orders of dress are subject to approval by the Commissioner.
Medals and decorations
31. Medals and decorations must be worn by members in the manner approved by the Commissioner.
Issuance free of charge
32. (1) Members are to be issued, free of charge, articles of clothing, kit and other materiel as the Commissioner considers necessary.
Issue and manner of care
(2) The issue and the manner of care of articles of clothing, kit and other materiel are subject to approval by the Commissioner.
Return of clothing and kit
(3) Every member must, upon release from special duty or special assignment or upon ceasing to be a member of the Force, or as otherwise directed by the Commissioner, return to the Force all articles of clothing and kit, other than articles of clothing and kit condemned in accordance with the Force’s policy, or articles of clothing and kit purchased by the member.
Commissioner’s power to designate
(4) The Commissioner may designate classes of members who are to be paid an allowance as fixed by Treasury Board for the purchase and care of any articles of clothing, kit and other materiel approved by the Commissioner.
SERVICE BADGE
Award of service badge
33. A service badge of a design approved by the Commissioner may be awarded to any regular member, other than an officer, for every period of five years’ service.
LIVING ACCOMMODATION
Definition of “living accommodation”
34. (1) In this section and sections 35 and 36, “living accommodation” includes a dormitory, a room in a residence, an apartment, a house or other living space.
Provision of living accommodation
(2) The Commissioner may authorize the provision of living accommodation to a member if needed for the performance of the member’s duties and, when so provided, the member must reside there unless the member’s Commanding Officer directs otherwise.
Living accommodation not available
35. At posts where living accommodation is not available for a member, the Commissioner may, with the approval of Treasury Board, make any arrangement that is necessary to secure accommodation for the member.
Provision of furniture
36. The Commissioner may authorize the provision of furniture for use in living accommodation, messes and recreational areas.
TRAVEL AND RELOCATION EXPENSES
37. The Commissioner may authorize payment for the travel expenses that a member incurs as a result of authorized travel.
Travel expenses for applicants
38. If an applicant for membership in the Force is reporting for any of the following purposes, the applicant is entitled to be paid travel expenses for travel to and from the applicant’s place of residence:
- (a) to complete final documentation;
- (b) to undergo a medical or dental examination or physical fitness testing;
- (c) to undergo a second language evaluation and second language aptitude testing; or
- (d) to attend an interview, including an interview by a selection board in the case of candidates in the professional, scientific and technical categories.
Travel expenses for examination
39. (1) If a former member is reporting for medical examination or re-examination ordered by the Veterans Review and Appeal Board under a claim under subsection 5(1) of the Royal Canadian Mounted Police Pension Continuation Act or section 32 of the Royal Canadian Mounted Police Superannuation Act, the former member is entitled to be paid travel expenses.
Travel expenses for travel assistant
(2) The Commissioner may authorize payment for the travel expenses of a travel assistant if the medical practitioner of the former member is of the opinion that the health condition of the former member precludes travelling alone for the examination or re-examination.
40. The Commissioner may authorize payment for
- (a) the relocation expenses that a member may incur as a result of
- (i) transferring from one post to another, or
- (ii) moving out of or into the accommodation referred to in section 34 or 35; and
- (i) the move is of a local nature, and
- (ii) the member attests to the expenses in a form approved by Treasury Board.
Relocation expenses — other cases
41. (1) Subject to subsection (2), the Commissioner may authorize payment for
- (a) the relocation expenses that may be incurred by
- (i) a retiring member who is eligible for a pension,
- (ii) a member discharged from the Force on the grounds of a disability, as defined in the Canadian Human Rights Act, and
- (iii) a spouse, common-law partner or dependant of a member who dies; and
(2) The payment must not be made
- (a) more than two years after the day on which a member is discharged, unless exceptional circumstances exist; or
- (b) for temporary or interim accommodation, except for accommodation for a period of not more than three days at the member’s last post.
42. The payments referred to in sections 37 to 41 are paid in the manner and amount determined by Treasury Board.
MEDICAL AND DENTAL TREATMENT
43. (1) Medical and dental treatment programs for regular members and special constable members are subject to approval by the Commissioner.
Treatment programs for civilian members
(2) Medical and dental treatment programs for civilian members who are injured in the performance of their duties are subject to approval by the Commissioner, to the extent that the treatment is not covered by provincial medical or hospital insurance plans.
Medical treatment after discharge
44. (1) Subject to subsection (2), a regular member or special constable member who is discharged from the Force is entitled to the medical treatment referred to in section 43 until the earlier of the following:
- (a) the day on which the member becomes entitled to coverage for medical and hospital expenses under a provincial medical or hospital insurance plan;
- (b) the day on which the member becomes entitled to coverage for medical and hospital expenses under the Public Service Health Care Plan; or
- (c) the end of three months after the day on which the member is discharged.
Hospital treatment after discharge
(2) If the member is hospitalized at the time of the member’s discharge from the Force, the member is entitled to a continuation of the medical treatment after the date of discharge until the time that the member is discharged from the hospital.
Coverage for dependants
45. If a member is posted to an isolated post in Yukon, the Northwest Territories or Nunavut or to a post outside Canada, the dependants of that member who accompany the member are entitled, at the Force’s expense, to medical examination and immunization against all diseases that prevail in the area.
CONTINGENCY ACCOUNTS
Opening contingency account
46. The Commissioner may authorize a member to open a contingency account for the operational or administrative requirements of the Force in a bank approved by the Commissioner.
FINES AND FEES
Payment received by member
47. All payments received by a member in respect of fines, fees or other amounts due to Her Majesty in right of Canada or a province, or a municipality, is the responsibility of the member and must be remitted, as soon as possible, in the manner approved by the Commissioner.
Payment other than cash
48. A member whose responsibility it is to collect fines, fees or other amounts due to Her Majesty in right of Canada or a province, or a municipality, and who accepts anything other than cash in payment is, unless the Commissioner orders otherwise, personally responsible for the payment of that fine, fee or other amount.
BENEFIT TRUST FUND
Monies payable to Benefit Trust Fund
49. (1) All money paid to the Benefit Trust Fund under subsections 23(1) and (2) of the Act must be paid into the Consolidated Revenue Fund to the account of the Royal Canadian Mounted Police Benefit Trust Fund.
(2) Interest is credited to the Benefit Trust Fund at a rate that is equal to 90% of the simple arithmetic mean of the accepted weekly three-month Treasury bill tender rates for the immediately preceding month.
Management of Benefit Trust Fund
50. (1) The Commissioner must nominate an advisory committee, consisting of three officers and one other member, to be approved by the Minister, to assist in the management of the Benefit Trust Fund.
(2) The advisory committee must
- (a) consider all applications for grants and loans; and
- (b) carry out the daily management of the Fund.
51. (1) Grants may be made out of the Benefit Trust Fund to
- (a) a member who is in financial distress due to causes that are beyond the member’s control;
- (b) a member in recognition of the member’s outstanding contribution in bringing an important investigation to a successful conclusion;
- (c) a member in recognition of any act of special endurance or bravery or any act demonstrating outstanding professional ethics or integrity in the performance of the member’s duties;
- (d) a member, to the extent that the Government of Canada or the government of a province is unwilling or unable to reimburse the member for loss or damage to the member’s personal effects or property in the performance of the member’s duties;
- (e) a member who is discharged from the Force while still in need of medical treatment;
- (f) a former member or dependants of a deceased former member who are in need of financial assistance;
- (g) the Royal Canadian Mounted Police Veterans’ Association to maintain a program to seek out and assist former members and their dependants under terms and conditions set out by the advisory committee;
- (h) the spouse or common-law partner and the dependants, parents, brothers and sisters of a member, public service employee, reservist or auxiliary constable who is killed on duty, for expenses they incurred while travelling to a Force memorial service, approved by the Commissioner in honour of the deceased, in the manner and amount determined by Treasury Board; and
- (i) the spouse or common-law partner and the dependants, parents, brothers and sisters of a member, public service employee, reservist or auxiliary constable who is killed on duty, for expenses they incurred while travelling to a criminal trial, public inquiry or parole review in relation to that death.
Grants for certain purposes
(2) Grants may be made out of the Benefit Trust Fund for the purpose of
- (a) covering the reasonable costs of a burial for a former member who dies without leaving sufficient funds for their burial and in respect of whom there is no other source from which the burial expenses can be paid;
- (b) purchasing wreaths in honour of deceased former members;
- (c) covering costs associated with engraving memorial plaques and creating an honour roll page at the RCMP Academy, “Depot” Division to honour a member, public service employee, reservist or auxiliary constable who is killed on duty;
- (d) covering the reasonable funeral reception expenses if the death of a member is duty- related;
- (e) purchasing and installing an honour roll or memorial plaque in the division in which a member was posted at the time that the member was killed on duty;
- (f) covering the reasonable costs of a memorial service held at the RCMP Academy, “Depot” Division to honour a member, public service employee, reservist or auxiliary constable who is killed on duty;
- (g) paying travel expenses incurred by persons while travelling on Benefit Trust Fund business, including those incurred by persons who are requested by the advisory committee to appear before the committee, in the manner and amount determined by Treasury Board;
- (h) covering the costs of improving and maintaining real property or immovables within Canada used as recreational areas by members, former members, spouses or common-law partners and their dependants;
- (i) covering the costs of providing a member at the time of retirement with the identification badge of the member;
- (j) supporting members participating in competitions of marksmanship; and
- (k) further assisting members, former members, spouses or common-law partners and their dependants, in amounts authorized by the Commissioner.
(3) Loans may be made out of the Benefit Trust Fund to members referred to in paragraphs (1)(a), (d), and (e) and for the purpose referred to in paragraph (2)(k).
(4) A grant may be made out of the Benefit Trust Fund for the purpose of acquiring real property or immovables within Canada to be used as recreational areas by members, former members, spouses or common-law partners and their dependants.
52. (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.
(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.
53. (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.
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.
Conversion to grant
54. (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.
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.
Signature of cheques
55. 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
56. (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.
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.
(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
57. (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.
External provision of services
(2) The Commissioner may direct that those services be provided to foreign law enforcement agencies.
Terms and conditions
(3) The terms and conditions of access to those services by law enforcement agencies are subject to approval by the Commissioner.
(4) Law enforcement agencies include federal and provincial government departments and agencies and courts of criminal jurisdiction.
REPEAL
58. The Royal Canadian Mounted Police Regulations, 1988 (see footnote 1) are repealed.
COMING INTO FORCE
59. These Regulations come into force on the day on which they are registered.
SCHEDULE
(Section 18 and subsection 23(1))CODE OF CONDUCT OF THE ROYAL CANADIAN MOUNTED POLICE
STATEMENT OF OBJECTIVES
Maintaining the confidence of Canadians in the Royal Canadian Mounted Police is essential.
Members of the Royal Canadian Mounted Police are responsible for the promotion and maintenance of good conduct in the Force.
This Code of Conduct sets out responsibilities, consistent with section 37 of the Royal Canadian Mounted Police Act, that reinforce the high standard of conduct expected of members of the Force.
1. APPLICATION
1.1 This Code applies to every member of the Force and establishes responsibilities and the standard of conduct for members, on and off duty, in and outside Canada.
2. RESPECT AND COURTESY
2.1 Members treat every person with respect and courtesy and do not engage in discrimination or harassment.
3. RESPECT FOR THE LAW AND THE ADMINISTRATION OF JUSTICE
3.1 Members respect the law and the rights of all individuals.
3.2 Members act with integrity, fairness and impartiality, and do not compromise or abuse their authority, power or position.
3.3 Members give and carry out lawful orders and direction.
4. DUTIES AND RESPONSIBILITIES
4.1 Members report for and remain on duty unless otherwise authorized.
4.2 Members are diligent in the performance of their duties and the carrying out of their responsibilities, including taking appropriate action to aid any person who is exposed to potential, imminent or actual danger.
4.3 Members on duty are fit to perform their duties and carry out their responsibilities and are not impaired by drugs, alcohol or other substances.
4.4 Members properly account for, and do not alter, conceal or destroy, without lawful excuse, any property, money or documents coming into their possession in the performance of their duties.
4.5 Members are properly dressed and equipped and maintain their personal appearance in accordance with applicable Force policies.
4.6 Members use government-issued equipment and property only for authorized purposes and activities.
5. USE OF FORCE
5.1 Members use only as much force as is reasonably necessary in the circumstances.
6. CONFLICT OF INTEREST
6.1 Members avoid actual, apparent or potential conflicts between their professional responsibilities and private interests.
7. DISCREDITABLE CONDUCT
7.1 Members behave in a manner that is not likely to discredit the Force.
8. REPORTING
8.1 Members provide complete, accurate and timely accounts pertaining to the carrying out of their responsibilities, the performance of their duties, the conduct of investigations, the actions of other employees and the operation and administration of the Force.
8.2 Members who are under investigation, arrested, charged, or convicted for a breach of any Canadian or foreign law report this fact to a supervisor as soon as feasible.
8.3 Members, unless exempted by the Commissioner, take appropriate action if the conduct of another member contravenes this Code and report the contravention as soon as feasible.
9. CONFIDENTIALITY AND PUBLIC STATEMENT
9.1 Members access, use and disclose information obtained in their capacity as members only in the proper course of their duties and abide by all oaths by which they are bound as members.
9.2 Members abide by their duty of loyalty and refrain from making public statements criticizing the Government of Canada or the operations or administration of the Force, except where authorized by law.
10. POLITICAL ACTIVITY
10.1 Members engaging in political activities abide by any applicable rules and government and Force policies.
REGULATORY IMPACT ANALYSIS STATEMENT
(This statement is not part of the Regulations.)
Issues
The Royal Canadian Mounted Police Act (the Act) and the Royal Canadian Mounted Police Regulations, 1988 (the 1988 Regulations) have not been significantly amended in over 25 years. Policing requirements, both administrative and operational, have evolved over this time, and greater demands have been placed on policing organizations to be accountable for the effective stewardship of their financial and human resources, as well as the provision of police services.
The Enhancing Royal Canadian Mounted Police Accountability Act (the Accountability Act), which received Royal Assent on June 19, 2013, was developed in response to issues and concerns raised by the public, contract jurisdictions, Royal Canadian Mounted Police (RCMP) employees, parliamentary committees, the Commission for Public Complaints Against the RCMP, and multiple other reports which called for reforms relating to accountability, transparency and the delivery of services. (see footnote 2) While the new Accountability Act will provide for substantial amendments to the Act, there is at the same time a requirement to amend the Regulations in support of the changes to the Act.
Background
In 2007, the government-appointed Brown Task Force (see footnote 3) on governance and cultural change in the RCMP provided recommendations relating to organizational structure, oversight, accountability, leadership, workload, employee wellness, and management. Also in 2007, the Department of Public Safety and Emergency Preparedness commenced a strategy to enhance the RCMP complaints and review process in response to the report on the events relating to Maher Arar, (see footnote 4) culminating in what would become Bill C-38 in 2010. In addition, beginning in late 2011, serving and retired members of the Force began to raise concerns in respect of harassment in the RCMP and challenged its commitment to providing employees with a safe, healthy, respectful and harassment-free workplace. The cumulative effect of these events resulted in Government direction to assess the feasibility of proceeding with amendments to the legislative suite governing the RCMP in an effort to begin to transform the manner in which it managed personnel, and to enhance the organization’s level of responsibility and accountability internally and externally. Government support for transformation resulted in the tabling of the Accountability Act on June 20, 2012, which was subjected to extensive examination by parliamentary committees.
The Accountability Act is based on two former bills that were introduced in Parliament in June 2010. It contains the legislative amendments found in former Bill C-38 — Ensuring the Effective Review of RCMP Civilian Complaints Act (with minor technical amendments) and certain human resources management components of former Bill C-43 — RCMP Modernization Act. Both these bills died on the Order Paper when an election was called in March 2011.
Although the Accountability Act received Royal Assent in June 2013, implementation is still subject to the coming into force of the parts that provide the authorities for the amended human resource management and administrative processes. As a consequence, the next step is to align the statutory instruments that are provided for by the Act, specifically the 1988 Regulations and the Commissioner’s Standing Orders (CSOs), with the new authorities, requirements, functions and powers provided for in the Accountability Act. The Accountability Act provides the Governor in Council with the authorities to establish RCMP Regulations, to grant additional authorities and to provide a general framework for the implementation of amended administrative procedures contained in the Act, whereas the CSOs are rules made by the Commissioner under the provisions of the Act that provide the more detailed steps that are required to carry out the various procedures. These statutory components are in turn supported by policies, process maps, guidebooks, and training materials. As CSOs are subject to an alternative process for submission that does not include prepublication in the Canada Gazette or approval of the Governor in Council, CSOs will be published separately in Part II of the Canada Gazette, along with the final Royal Canadian Mounted Police Regulations, 2014 (the 2014 Regulations). The RCMP is consolidating the current CSOs suite of 20 sets of rules into five new CSOs, including Conduct, Investigation and Resolution of Harassment Complaints, Grievances and Appeals, Employment Requirements, and General Administration. The five CSOs, subsections 87(1), (3) and (4) of the Accountability Act, and the 2014 Regulations will come into force at the same time.
Objectives
The RCMP has committed to applying the amendments provided by the Accountability Act as a component of its efforts to reinforce an organizational environment that promotes responsibility, accountability and transparency. The 2014 Regulations will significantly strengthen the processes the RCMP is putting in place to help ensure a safe, healthy and respectful workplace for its employees, and the means to enhance accountability to the Canadian public in respect of the stewardship of RCMP resources and the delivery of policing services domestically and internationally.
Description
The amendments to the Act require that the 1988 Regulations be modified in order to support the implementation of new human resource management and administrative procedures. In addition, there have been significant changes that have occurred in respect of the administration of the RCMP in regard to the various authorities, programs and services provided for by 1988 Regulations that also require modernization and revision. The extent of changes that are necessary to align the 1988 Regulations with the Accountability Act is so significant that the 1988 Regulations will be repealed and replaced by the 2014 Regulations.
The information provided below will describe the contents of the 2014 Regulations. In some cases, the amendments are based on the 1988 Regulations and represent relatively minor changes, while other components are completely new or a substantive revision of the existing elements of the 1988 Regulations. This document will also briefly explain the justification for the amendments to allow a better understanding of the manner in which the Act, the 2014 Regulations, and CSOs will provide the RCMP with the flexibility to respond to future legal and procedural changes. The emphasis on increased flexibility was a key consideration in how the Act itself was amended. A primary reason for the extensive changes found in the 2014 Regulations is the direction taken by Parliament that limited the level of specific procedural detail that will be provided in the Act, while concurrently providing enhanced policy and rule-making authorities to the Commissioner to facilitate future changes that will no doubt develop as the new procedures are implemented, lessons are learned, and the courts provide guidance and direction. It is the intention of the Government that the RCMP has the flexibility to adjust statutory instruments such as the 2014 Regulations and CSOs, when required, rather than to be faced with the more complex process of amending or rewriting the Act in the face of future changes.
The following sections will set out the major changes that are required for the development of the regulatory support framework necessary for the implementation of the new procedures and authorities contained in the Act.
Interpretation: Definitions
This section provides defined terms that are applied in the 2014 Regulations, in the same form as is found in all federal statutory instruments. Certain definitions require modification to reflect changes brought about by the renumbering of the Act itself, while other terms will no longer be necessary. For example, the definitions referring to the different categories of “members,” such as “regular member,” “civilian member,” “special constable,” and “special constable member,” require changes to reflect the new section numbers and appointment authorities in the Act. Some terms will be added to reflect terminology that was not in place in the late 1980s, specifically “common-law partner.” The definition for “living accommodation” will be removed, and instead will form part of subsection 35(2). Finally, the terms “designated officer” and “appropriate officer” will no longer be required as the sections that previously required those definitions will not be in the Accountability Act or the new regulatory instrument.
Part 1: Organization and administration
This part will be modified to carry out the changes made to the Act that provide the Commissioner, and to a lesser extent the Governor in Council, with increased authorities to better manage the organization, and to create structural and operational efficiencies through reorganizing the RCMP’s workforce, presently and in the future. All amendments are required to assist in the implementation of the policy decisions and Government direction as reflected in the Act, and are set out below.
Command
The amendments to the Act provided by the Accountability Act includes a new authority for the Governor in Council to designate officers (the rank of officer is defined in the Act) to serve as commanding officers in RCMP divisions. A new section in the 2014 Regulations will be necessary to provide the Commissioner with the authority to establish standards and procedures for the Commissioner to make recommendations to the Minister to designate or remove a Commanding Officer. Only the Governor in Council may approve or revoke a designation of a Commanding Officer.
Royal Canadian Mounted Police Reserve
Relevant sections of the Regulations will be revised to align with section 11 (Reserve) of the Act, and to reflect the change of terminology from “Member of the Reserve” to “Reservist.” Furthermore, these new sections will establish the authority for the Commissioner to organize the Reserve and will set out the basic qualifications for reservists (for example a person may only be appointed as a reservist if they are of good character and have recent policing experience), and will indicate that a reservist may only be appointed as a reservist for no more than three years and their appointment can be revoked at any time. A cumulative working period of three years without a break in service was chosen in order to align with the public service term appointment structure. A reservist can still be appointed again after three years if the Commissioner considers it to be necessary. The new sections would also lay out that a reservist who has been designated as a peace officer will perform the duties as set out in the Act and the Regulations.
Honorary chaplains (removed from the Regulations)
The authority to appoint honorary chaplains will be removed, since there is no longer a requirement to appoint honorary chaplains outside of existing processes provided under the Public Service Employment Act or the Financial Administration Act.
Precedence of ranks and levels
The term “senior” appears in both the Act and the Regulations in respect of the manner in which the chain of command is established in the absence of a person who is in command or in charge of a post or unit. Specifically, under section 15 (Absence of Commissioner) of the Act, if the Commissioner is absent, then the “senior” Deputy Commissioner assumes the role of the Commissioner during that absence. Under section 6 of the 2014 Regulations, if the person in command of a post is absent, then the command responsibilities are to be exercised by the next “senior” member, subject to any directives of the Commissioner. However, the term “senior” is not defined. In order to clarify the application of the term, the 2014 Regulations will include a process for determining seniority; specifically that seniority will be determined by the date on which a member was appointed or promoted to a rank or level.
Change of rank, level or category
The 1988 Regulations provide members with the ability to ask to change their status and rank, in other words, to be reappointed as a civilian member instead of a regular member or to be reduced in rank from one rank to another rank or level. There are a number of reasons why a member may make such a request, for example where a medical restriction prevents their continued service as a police officer (regular member), but they can remain employed as a civilian member. However, for increased certainty, to prevent a member from attempting to claim that he or she should be able to also receive a promotion under this section, an amendment will be made to make it clear that a member may request a reduction in rank but not a promotion. In addition, this section will no longer include the need for the order of precedence to be set out in rules.
Administrative discharge (removed from the Regulations
The 2014 Regulations will no longer have a section related to administrative discharge. Instead the authorities to discharge members for non-conduct reasons are contained in the Accountability Act, and further enhanced in the employment requirements CSOs. The previous processes contained in the Act and the 1988 Regulations, including the requirements related to discharge and demotion boards, were inefficient, cumbersome, outdated, and, in the case of medical boards, rendered irrelevant as a result of jurisprudence developed since 1999 in respect of the duty to accommodate, as required under the Canadian Human Rights Act. The requirement for different types of boards has resulted in initial decisions on cases taking several years to be made, followed by several more years to have any subsequent appeals or grievances brought to final determination.
Duties
There will be minimal changes in this section, other than clarifying certain aspects of the existing language to reflect changes in the manner that members conduct some duties. However, no changes to the duties themselves will take place. The current requirement to prescribe, by rule, the duties of members who have not been designated as peace officers will not be included in the 2014 Regulations, as the Act provides for the authority for the Commissioner to have full responsibility for the control and administration and management of the Force.
Service of documents
Currently, service of documents to persons involved in RCMP human resources administrative processes is limited to personal service. This is inconsistent with the manner in which service of documents may be affected in other federal legislation, such as the Federal Courts Act. In order to benefit from the various means through which documents may be provided to persons who are part of an RCMP administrative process, the 2014 Regulations will include detailed descriptions of the modern means through which service of documents, such as written decisions or notices mandating investigations, will be available. For example, service of a document may occur through personal service, through electronic means, or through the use of registered mail or a commercial courier service. In situations where service is impractical, the Commissioner may determine appropriate alternatives to ensure that a procedure is not unduly delayed for reasons beyond the control of the RCMP or an impacted member.
Sections repealed
For the same reasons as those noted in the section above entitled “Administrative discharge,” all of the following sections will no longer be required, and, as a result of the increased authorities provided to the Commissioner through the amendments to the Act as set out in the Accountability Act, they will be repealed: Physical or Mental Disability; Voluntary Retirement; Resignation; Abandonment of Post; and Irregular Appointment. Where required, procedural details will be established under CSOs and/or policy, based on the authority granted under the Act.
Part 2: Grievances and Appeals (new title — previous title was “Presentation of Grievances”)
While certain details relating to the RCMP grievance process are contained in the Act, the 1988 Regulations provide details in respect of a specific restriction on the ability to grieve appointments to certain positions that report directly to the Commissioner or to the Commissioner through one level of management. The 1988 Regulations also identify those grievances that are referred to the External Review Committee (ERC). The ERC is an independent body created under the Act tasked with conducting reviews of certain grievances and discipline appeals and providing recommendations for the Commissioner’s consideration in making a final and binding decision in respect of a grievance or an appeal.
Under the new Act, there are specific rule-making authorities providing for the establishment of new grievance and appeal procedures. The authority to create many of these procedures will be based in CSOs specifically established to manage grievances and appeals for all processes provided for throughout the Act. In particular, these CSOs will establish a single dispute resolution framework capable of addressing almost all grievances, allowing for consistency, fairness and efficiency, to replace the approximately 18 different dispute resolution processes or sub-processes set out in the present Act and Regulations. However, certain authorities will remain within the purview of the Governor in Council to set out in regulations. Consequently, existing sections within this Part of the 1988 Regulations will be modified to become part of the 2014 Regulations, to support implementation of the grievance and appeals systems, specifically the identification of those appeals and grievances that must be referred to the ERC.
Prescription
This section identifies specific positions that are not subject to grievance, as they report directly to the Commissioner or to the Commissioner through a single level of management. A review of the 1988 Regulations has determined that some of these positions have ceased to exist or have undergone name changes. In order to avoid a future situation where the Regulations become outdated as a result of a real-time change, the specific positions list will be removed and replaced with a general provision prohibiting grievances in respect of certain positions with the reporting structure alluded to above. These limitations will be expanded in a policy document that provides a new list of positions that will not be subject to grievance.
Reference to Committee
The above sub-title “Reference to Committee” is referring to the ERC. The 1988 Regulations require that grievances relating to the RCMP’s interpretation and application of certain government policies, stoppage of pay and allowances, the Treasury Board Isolated Posts Directive, the Relocation Directive, and certain administrative discharges must be referred to the ERC. However, when the relevant sections of the Accountability Act come into force, the functions of the ERC will be more focused and narrowed to provide independent review and recommendations relative to harassment, discharge, and the more serious discipline cases, while administrative and financial grievances (e.g. travel claims or other grievances linked to the interpretation of terms and conditions of employment) will be transitioned back to the RCMP to manage internally.
Under the 2014 Regulations certain types of appeals must first be sent to the ERC to review before an adjudicator makes a final decision. The below lists the types of appeals that must be sent to the ERC by the adjudicator:
- (a) an appeal by a complainant of a written decision referred to in subsection 6(1) and paragraph 6(2)(b) of the Commissioner’s Standing Orders (Investigation and Resolution of Harassment Complaints);
- (b) an appeal of a written decision revoking the appointment of a member under section 9.2 of the Act;
- (c) an appeal of a written decision discharging or demoting a member under paragraph 20.2(1)(e) of the Act;
- (d) an appeal of a written decision discharging or demoting a member under paragraph 20.2(1)(g) of the Act on the following grounds:
- (i) disability, as defined in the Canadian Human Rights Act,
- (ii) being absent from duty without authorization or having left an assigned duty without authorization, or
- (iii) conflict of interest; and
The other appeals that must be referred to the ERC are identified in the Accountability Act under subsection 45.15(1), and do not require inclusion in the 2014 Regulations.
Part 3: Code of Conduct (new title — the previous title was “Discipline”)
The majority of the RCMP conduct process will be provided for in the Accountability Act in accordance with the provisions set out in the Accountability Act and new CSOs, once these come into force. However, the 2014 Regulations will continue to provide vital support to the new conduct system by setting out the Code of Conduct applicable to all RCMP members. In June 2013, the Standing Senate Committee on National Security and Defence issued a report (see footnote 5) in which it recommended that a new Code of Conduct be developed that could be presented as a stand-alone document. As a result, a new Code of Conduct will be attached as a schedule to the 2014 Regulations, instead of being buried in the middle of the instrument, as is the case with the 1988 Regulations. In addition, the amendments to the Act that establish the conduct system have been built on a platform of professional responsibility and accountability, to emphasize the expectations of Canadians in respect of how members are to be held responsible for the establishment and maintenance of good conduct in the Force and the means through which RCMP management can be held accountable in administering and responding to member misconduct. Therefore, the new Code of Conduct will reflect the professional obligations of members in managing their conduct within a framework that reflects the values and expectations Canadians have of the national police force. The new Code of Conduct is based on a responsibility-based workplace approach that emphasizes the importance of maintaining the public trust and that reinforces the high standard of conduct expected of members. The statements contained in the Code of Conduct will be further defined and clarified through the CSOs (Conduct) and guide books.
The 1988 Regulations included a section pertaining to the dismissal of officers that is no longer required since the Accountability Act only requires the rank of Deputy Commissioner to be addressed in the Regulations (see Part 4 [Deputy Commissioner] further below). Also moved from this section was “Reinstatement” (see part 5 [Miscellaneous] further below).
The specific changes to the Regulations under this part that will be required to reflect these considerations are outlined below.
Code of Conduct
All previous sections pertaining to the Code of Conduct will be repealed and a new Code of Conduct will be set out as a schedule to the 2014 Regulations. This provides for a version of the Code of Conduct that can be presented as a stand-alone document, which responds in part to a recommendation made by the Senate Standing Committee on Public Safety and National Security. The new Code of Conduct was developed based on the following considerations: enhancing the accountability and transparency of the RCMP, using plain language, and adopting a more proactive, positive and ethics-based approach consistent with other professions. For example, in place of setting out a list of negative examples of behaviours to describe how members “shall not” conduct themselves (e.g. a member shall not, without authority, be absent from duty), the 2014 Code of Conduct will focus on emphasizing the manner in which members are expected to conduct themselves at all times, on or off duty, in or outside Canada, by describing what members do in demonstrating appropriate, professional and responsible conduct (e.g. a member reports for and remains on duty unless otherwise authorized).
Technical amendments
The term “discipline” will be replaced with “conduct” throughout. Any references to the term “discipline” will be replaced by “conduct,” and any reference to “sanction” by “measure,” to ensure consistency with the wording set out in the amendments to the Act.
Part 4: Deputy Commissioner (new title — previous title was “Discharge or Demotion”)
This section will no longer pertain to all officers, and instead will only apply to Deputy Commissioners, in accordance with the new authority provided to the Commissioner under the Act to appoint all members up to and including the rank of Assistant Commissioner. This authority includes the authority to dismiss or discharge officers up to that rank as well. Currently, all persons appointed to a rank of officer are appointed, or subject to discharge or dismissal, only by the Governor in Council. However, under the amendments to the Act, the sole rank of officer still subject to appointment, discharge or dismissal by the Governor in Council is that of Deputy Commissioner. As a result, there is a requirement for a regulatory process that sets out how Deputy Commissioners may be discharged for any reason not related to conduct. This required an amendment to the 2014 Regulations to reflect that this part will apply solely to Deputy Commissioners. The 2014 Regulations will take into consideration the Commissioner’s authority to recommend to the Governor in Council that the Governor in Council undertake to exercise the authority for the appointment, resignation, discharge or dismissal of a Deputy Commissioner.
Part 5: Miscellaneous
This Part provides specific authorities to the Commissioner to exercise certain administrative powers, such as the provision of certain allowances and benefits that are not otherwise available to the Commissioner or other deputy heads in the core public administration and that are deemed necessary for the Commissioner by Treasury Board. As the employer, Treasury Board has the legislated authority under the Act to establish pay and benefits for members. While the majority of sections under this Part will mostly require minor amendments to reflect the need for technical changes, other sections will be amended or repealed as a result of increased Treasury Board authorities being provided through the Financial Administration Act (2005).
This Part also establishes the crest of the Force (i.e. the badge seen on the hat of uniformed RCMP officers) and identifies the famous red serge as the significant uniform for use during ceremonial events. A minor wording amendment will be necessary to the section specific to the crest to align the 2014 Regulations with the requirements of the Official Languages Act.
Finally, this Part provides for the establishment of the Staff Relations Representative Program. Amending the title of the Program is required to reflect the changes made to the name of the Program, and a new subsection providing privilege for communications passing in confidence between a staff relations representative and a member who is subject to a proceeding under Part IV (Conduct) of the Act is required to support the role of the Program in respect of assisting members faced with conduct matters.
The specific changes to the Regulations under this Part that will be required are outlined below.
Reinstatement
This section will not be changed significantly from the 1988 Regulations. Under section 12 (Suspension) of the Act, every member who has contravened, is found contravening or is suspected of contravening any provision of the Code of Conduct or of an Act of Parliament, or of the legislature of a province, may be suspended from duty by the Commissioner. This section of the Regulations stipulates the conditions under which the Commissioner must reinstate a member who has been suspended. When a suspended member meets any of the following conditions, such as being found not to have contravened the Code of Conduct, has criminal charges against him or her dismissed, or is not ordered dismissed by a Conduct Board, the suspension must be lifted and the member reinstated. However, if a member is still the subject of a different proceeding under Part IV (Conduct) of the Act or is the subject of a separate charge for an offence under an Act of Parliament or of the legislature of a province despite otherwise meeting the conditions for reinstatement, the Commissioner must determine whether a reinstatement is appropriate, or if a suspension is to continue. If reinstated, the retroactive date will not change from the 1988 Regulations and will continue to be that of the member’s original suspension from duty under the 2014 Regulations.
Uniforms, equipment and medals
The wording in the section on the badge of the Force will be amended to remove the requirement to identify “Royal Canadian Mounted Police” on the face of the badge in English only, to reflect the requirement under the Official Languages Act that any communications or services provided to the Canadian public be available in both official languages.
In addition, a new subsection on the “return of clothing and kit” will be removed from the Material Management CSOs and placed in the 2014 Regulations, with the remaining content moved into policy. The decision to include the “return of clothing and kit” in regulations, rather than one of the five new consolidated CSOs, was made as the result of an analysis of the existing CSOs in relation to this subject, which indicated that the authority is analogous to the other authorities provided to the Commissioner under regulation. For ease of reference and statutory consistency, this new section will be housed in the same document as other related information on uniforms and equipment. Therefore, this section now stipulates that every member must return all clothing and kit upon release from assignment or upon termination of employment, unless otherwise exempted from doing so by the Commissioner.
Living accommodations, travel and relocation expenses
The applicable sections under the 1988 Regulations will be amended or repealed (as necessary) as part of the 2014 Regulations, depending on whether the authorities they provide have been altered either through the Accountability Act, by amendments to the Financial Administration Act, or by changes in Treasury Board policies and authorities that have occurred since the coming into force of the 1988 Regulations. The term “escort” will be replaced by “travel assistant” in recognition of the function to be conducted by a person travelling with and providing aid to a disabled or challenged member. The section on “money owing at discharge” will not be included in the 2014 Regulations as Treasury Board already has in place authorities to offer direction on recovering any money owed, such as the Treasury Board Directive on Receivable Management, the Guideline on Collection of Receivables and the Debt Write-off Regulations.
Medical and Dental Treatment
The name of this subtitle will be amended from “Health and Safety” to “Medical and Dental Treatment” to more accurately reflect the provisions under this section. The provision in the 1988 Regulations that refers to granting specific medical and dental benefits to “those employed by the force under the provisions of the Royal Canadian Mounted Police Act as it read on March 31, 1960,” will be removed, as there are no longer serving members that were hired before that date.
Benefit Trust Fund
The Benefit Trust Fund is established under the Act for the management of money being received by the RCMP outside normal Treasury Board allocations. The Fund receives money through donations to the Force, gifts or awards provided to members that have monetary value, or forfeitures of pay imposed on a member as a conduct measure under the conduct process. The purpose of the Fund is to provide monetary assistance to members or their families under certain conditions, or to provide for monetary awards for members in recognition of certain achievements. The 1988 Regulations provide the procedures and authorities for the management of the Fund. However, the way in which the Fund is presently administered requires certain amendments in the 2014 Regulations as set out below.
The Benefit Trust Fund Advisory Committee will be authorized to make withdrawals from the Fund in amounts up to $20,000, rather than $10,000. The Commissioner will be able to authorize the withdrawal of amounts that exceed $20,000, up to $50,000. The Minister will still be responsible for approving the disbursements of more than $50,000 from the Fund, although it has been several years since any disbursements of this size have been issued. These amendments are necessary to reflect the inflationary impacts on disbursements of money from the Fund since their original inception in 1988.
The Fund will have the authority to allow for the provision of travelling expenses for family members of a member, reservist, public servant, or auxiliary constable who has been killed on duty to attend a criminal trial or public inquiry related to the death.
The Fund will have the authority to offer a monetary award to a member who has demonstrated an act of special endurance or bravery. A new ground for a monetary award will also be added for presentation to members who have performed acts that reflect on their high level of professional ethics or integrity, such as taking personal or professional risks to expose corruption or identify unethical practices on the part of RCMP personnel.
Staff Relations Representative Program
The name of the Program will be amended to reflect the change in its name since the coming into force of the Regulations in 1988. The subheading “Division Staff Relations Representative Program” will be replaced by “Staff Relations Representative Program.”
A new subsection will be added, stating that when a staff relations representative is assisting or representing a member who is the subject of a conduct proceeding under Part IV of the Act, any communications passing in confidence between the member and their staff relations representative in regard to that matter will be considered to be privileged, as if the communications were passing between the member and their legal counsel. However, the privilege will be limited where the circumstances require, such as where disclosure of communications is required by law, for example information concerning an imminent threat of serious bodily harm or death to a person.
National Police Services
The National Police Services (NPS) are a coordinated and integrated series of investigational support programs and services accessible to all police and criminal justice officials in Canada. The NPS are centrally delivered by the RCMP for reasons of efficiency, economies of scale, or optimal levels of service integration and delivery, in order to provide support to law enforcement agencies in an effective and fiscally responsible manner. These services include forensic science and identification services; specialized and technical support to investigations, including firearms offences and missing and exploited children; the operation of integrated information-sharing systems and repositories, including the Canadian Police Information Centre (national database for officer safety and investigations); the provision and development of criminal intelligence that directs operational planning for police federally, provincially and territorially; and specialized training and education for police and criminal justice officials, such as major crime investigations and explosives.
When the 1988 Regulations were drafted, the scope of applicable provisions was limited to forensic laboratories to satisfy an International Organization for Standardization (ISO) accreditation requirement. Since that time, the scale and scope of the NPS have expanded and Canadian and international law enforcement and criminal justice communities have become increasingly reliant on the specialized and technical support programs and databases provided through the NPS. In addition, jurisdictions across Canada recognize the need for enhanced communication and cooperation with NPS to benefit from the assistance and services that are available to the greatest extent possible. The amendments below are intended to address the broadening scope of the NPS, while providing a more general framework to respond to future changes in technology and science.
New wording in the 2014 Regulations will expand the scope of the services referenced in the Forensic Laboratories section to include criminal history records, and the scientific, technical, training, informational or information technology aspects of the National Police Services. Doing so will recognize the full range of services that have evolved since the creation of the 1988 Regulations, and which continue to develop based on technological change and the needs of law enforcement across Canada. As a result of the expanded scope, the subheading “Forensic Laboratories” will be replaced by “National Police Services.”
“One-for-One” Rule
The “One-for-One” Rule does not apply to this proposal, as there is no change in administrative costs to businesses.
Small business lens
The small business lens does not apply to this proposal, as there are no costs to small businesses.
Consultation
The RCMP has conducted consultations in various forms with internal and external stakeholders affected by the regulatory amendments. Consultations focusing explicitly on the Code of Conduct were held, given its importance to both the public and the RCMP. All employees of the RCMP were given an opportunity in September 2013 to review the draft Code of Conduct and submit feedback. This consultation was important to ensure the new Code of Conduct is clearly articulated and reflects the responsibilities of all RCMP members in a manner that is readily understandable and relevant to members in whatever capacity they serve. The feedback received was carefully considered and resulted in changes to the draft. A second opportunity to review and provide input on the revised proposed Code of Conduct took place in December 2013. Overall, approximately 1 600 responses were received, offering insights and considerations in respect of the proposed Code of Conduct. In addition, an annotated version of the draft Code of Conduct was created by the RCMP and made available to any person upon request. The Annotated Code of Conduct provides additional commentary related to each section of the RCMP Code of Conduct, along with applicable definitions, examples of behaviour that meets or may fail to meet expectations and how previous cases involving specific behaviours have been decided, in order to further assist readers in identifying proper or improper conduct. Almost 500 copies of this document were requested and provided during the consultation phases. Externally, the Code of Conduct has been shared for feedback with the ERC, the Commission for Public Complaints Against the RCMP, and the Office of the Public Sector Integrity Commissioner.
In regard to the development of the new human resource management and administrative processes created by the amendments to the Act, the RCMP created internal working groups, consisting of subject matter experts, member representatives and divisional service providers and managers, in an effort to consult on the form and structure of new processes, regulations, procedures, policies, and training that will be needed to meet an anticipated coming-into-force date for the amendments to the Act in late 2014. The proposed provisions for the 2014 Regulations, and the Code of Conduct, were extensively shared with the Staff Relations Representative Program, the official labour relations program of the RCMP, for review and feedback. Where proposed amendments might have an impact on procedures in respect of public service employees (e.g. harassment), public service employee bargaining agents were also consulted.
Other government departments were also engaged, including the Department of Justice, the Treasury Board Secretariat, and the Department of Public Safety and Emergency Preparedness. These departments received advance copies of the draft 2014 Regulations for comment.
To ensure timely updates to all employees, the RCMP created an internal Web site, which still exists, in order to provide information and updates on the implementation of the Accountability Act and how it impacts the organization and its employees in a timely fashion.
Publication in the Canada Gazette and comment period
The Regulations were published in the Canada Gazette, Part I, on April 26, 2014, followed by a 30-day comment period. Nine comments were received and were all taken into consideration by the RCMP to ensure that the new 2014 Regulations and the Code of Conduct will be reflective of Canadians’ expectations of its national police service and its employees. Five of the submissions were from employees, and mostly contained questions, with a few recommendations. Responses were provided via email and included answers to the questions raised and comments in response to any recommendations. For example, if the recommendation was accepted, and if not, why not. Two of the recommendations from these five submissions were adopted (both correcting typographical errors). The only submission from the public included a positive comment on the new Code of Conduct and did not include a recommendation for change.
The last three submissions were from the SRRP, the ERC and the Mounted Police Professional Association of Canada (MPPAC). The RCMP responded to all three submissions by letter. Some of the comments received fall outside the scope of the 2014 Regulations, for example submissions related to pay, travel or relocation expenses, which only the Treasury Board has the authority to establish, or are specific to the content of the Accountability Act, which was addressed previously during the parliamentary process. The major issues brought forward that fall within the scope of the 2014 Regulations include
- — Comment: The current “Stay of Decision” provision, which would allow a member to remain an employee pending the final disposition of an appeal in respect of an administrative discharge decision, should be retained.
- — Response: Under the 1988 Regulations there is a provision which requires that if a member who has been ordered to be discharged for reasons other than conduct submits an appeal, the order is suspended pending the outcome of the appeal. The application of this provision has resulted in scenarios where members who have been ordered discharged remain as fully paid members for several years, without being able to provide service as an RCMP employee or come to work due to the circumstances that led to their discharge, as their appeal is considered by different levels of adjudicators and the ERC. The stay provision is an anachronism from previous versions of the RCMP Act and Regulations, when some penalties that could be imposed on members were penal, or criminal, in nature. Stay provisions can be found in criminal proceedings, but are not typical in internal administrative proceedings. Members may only be discharged for cause, and before such a decision can be made, members must be provided with an opportunity to respond to the information upon which the decision will rest. Even before initiating a process that may lead to the discharge of a member, in light of the RCMP’s policy intention to retain members as a priority, the Force commits expertise, time and money to working with the member to identify opportunities for retention. It is only after these efforts have proven unsuccessful that a discharge process may commence, and even then the member has the right to consider and respond to the material to be relied upon. The member has the right to submit an appeal, including a review by the ERC, but there is no right or requirement to retain the member in the organization pending the outcome of that appeal.
- — Comment: Concerns were expressed that Part 2 (Grievances and Appeals) of the proposed Regulations may have inadvertently excluded members subject to a demotion for non-conduct reasons from having an appeal reviewed by the ERC, and furthermore that the enabling authority noted in the section determining which appeals were to be referred to the ERC was not correct.
- — Response: This submission has been carefully assessed and the concerns identified determined to be correct. As a result, the provision has been amended to include the requirement to refer an appeal in respect of a demotion imposed for non-conduct reasons to the ERC, and the enabling authority from the Act has been amended to reflect the correct authority.
- — Comment: Include a section in the Regulations that provides details in respect of when and how a member is reinstated following a suspension under section 12 (Suspension) of the Act, in place of relying on a policy instrument to achieve this clarity and direction.
- — Response: The proposed Regulations had not included the section on “Reinstatement” from the 1988 Regulations, and the RCMP had been planning to include it in policy instead. However, after consideration of the above comment, the decision was made to re-insert the section from the 1988 Regulations in the 2014 Regulations in largely the same form they currently exist to provide clarity regarding the conditions for reinstatement.
- — Comment: Proposed that section 8.3 of the Code of Conduct specifically identify those members who are exempted from the reporting requirement set out under that section.
- — Response: This point in respect of a lack of clarity as to who would establish a list of exempted employees in section 8.3 of the Code of Conduct was well taken, and alternative wording was discussed to determine how a member may determine if they must report a contravention of the Code of Conduct by another member. However, in an effort to avoid RCMP members finding themselves in a situation in future where their position requires an exemption from reporting, but where such an exemption is not provided for in the 2014 Regulations, specific positions will not be identified. This exact scenario occurred in respect of the Member Assistance Program, which has undergone significant change, and the exemption under the 1988 Regulations was rendered redundant, but had not been subject to timely amendment. If exemptions were specified in the 2014 Regulations, there would be a significant risk of undue delays in attempting to amend the Regulations for their inclusion in the event a similar situation arises, which is highly likely. Instead of a specific list, the following wording will be added to help ensure that a list is maintained, but under a more flexible instrument, such as a policy document: “8.3 Members, unless exempted by the Commissioner, take appropriate action if the conduct of another member contravenes this Code and report the contravention as soon as feasible.”
- — Comment: A concern was expressed that section 9.2 of the Code of Conduct “muzzles” members of the RCMP.
- — Response: Section 9.2 states that “members abide by their duty of loyalty and refrain from making public statements criticizing the Government of Canada or the operations or administration of the Force, except where authorized by law.” This proposed section is built on jurisprudence that has framed the duty of loyalty owed to the Government and government departments by every government employee, including RCMP members. These obligations exist to protect the integrity of the public service and its ability to serve Canadians impartially and neutrally — which is an essential part of the democratic process. The rationale for section 9 (Confidentiality and Public Statement) of the Code of Conduct is to ensure that members are aware of their obligations in relation to making public statements. Members may make public comments that are critical of the Force or the Government, but only under certain circumstances. Both the law and the RCMP recognize that there are instances when members are permitted and encouraged to disclose wrongdoing, such as when reporting wrongdoing under the Public Servants Disclosure Protection Act.
Rationale
The legislative framework calls for a department to update any related regulations when its enabling act is revised. As a result, the 1988 Regulations must be completely revised to include terms, procedures and processes to be followed, to complement and expand upon the amendments to the Act under the provisions of the Enhancing Royal Canadian Mounted Police Accountability Act. The new 2014 Regulations need to have the same coming-into-force date as the Accountability Act.
Although there are no net additional costs, the supporting 2014 Regulations to the Act are an essential and crucial element of modernizing operations and streamlining practices, to achieve enhanced levels of accountability and transparency as to how the RCMP administers its internal procedures and addresses incidents of misconduct.
Implementation, enforcement and service standards
Compliance and enforcement strategies are not applicable to these amendments.
The 2014 Regulations and the revised CSOs will provide the additional authorities and procedural details that are necessary to complete the implementation and functionality of the processes and systems established by the Accountability Act through its amendments to the RCMP Act. There will also be a series of supporting policies that provide further information that is more administrative in nature and that does not require the level of legislative strength that is provided for under regulation or rules.
Service standards for the manner in which the Accountability Act is implemented will be in place upon coming into force and will be refined in the coming years. The RCMP will prepare a full report on the adequacy of resources and the evaluation of the modernized human resource management and administrative processes three to five years after the date of coming into force. The RCMP currently plans to conduct an evaluation of the implementation of the modernized processes under the Accountability Act in 2017–2018. This aligns with the RCMP’s commitment to report back to the Minister of Public Safety and the Treasury Board within four to five years after implementation.
Contact
Chief Superintendent Michael O’Rielly
Director General
Employee Management Relations Branch
Royal Canadian Mounted Police
Ottawa, Ontario
K1A 0R2
Telephone: 613-843-6109
Email: Michael.ORielly@rcmp-grc.gc.ca- Footnote a
S.C. 2013, c. 18, s. 11 - Footnote b
S.C. 2013, c. 18, s. 14(1) - Footnote c
R.S., c. 8 (2nd Supp.), s. 14 - Footnote d
R.S., c. 8 (2nd Supp.), s. 16 - Footnote e
R.S., c. 8 (2nd Supp.), s. 16 - Footnote f
R.S., c. 8 (2nd Supp.), s. 16 - Footnote g
R.S., c. R-10 - Footnote 1
SOR/88-361 - Footnote 2
Some of the more recent external reports dealing with aspects of the discipline process include David Brown, A Matter of Trust: Report of the Independent Investigator into Matters Relating to RCMP Pension and Insurance Plans (Canada: 2007) [“Brown Report”]; David Brown, Linda Black, Richard Drouin, Larry Murray, and Norman D. Inkster, Rebuilding the Trust: Report on the Task Force on Governance and Cultural Change in the RCMP (Ottawa: Minister of Public Safety and President of the Treasury Board, December 14, 2007) [“Brown Task Force Report”]; Canada, Report of the Standing Committee on Public Accounts, Restoring the Honor of the RCMP: Addressing Problems in the Administration of the RCMP’s Pension and Insurance Plans (December 2007); and RCMP Reform Implementation Council, Interim Report (September 2008) [“RIC Interim Report”] at pp. 11 and 16. Other external reports that are applicable include Linda Duxbury, Executive Summary: An Independent Report Concerning Workplace Issues at the Royal Canadian Mounted Police (November 2, 2007); Linda Duxbury, The RCMP Yesterday, Today and Tomorrow: An Independent Report Concerning Workplace Issues at the Royal Canadian Mounted Police (2007); Daniel Robichaud, Chantal Benoit-Barné, and Joëlle Basque, Rebuilding Bridges: Report on Consultation of Employees and Managers of the Royal Canadian Mounted PoliceEN_DASH C Division (University of Montreal: Research Group on Languages, Organization and Governance, November 5, 2008). For a historical perspective, see Canada (René J. Marin, Chair), The Report of the Commission of Inquiry Relating to Public Complaints, Internal Discipline and Grievance Procedure Within the Royal Canadian Mounted Police (Ottawa: Information Canada, 1976); Canada (D.C. McDonald, Chair), Commission of Inquiry Concerning Certain Activities of the Royal Canadian Mounted Police, Second Report: Freedom and Security Under the Law (Minister of Supply and Services, 1981) and Third Report: Certain R.C.M.P. Activities and the Question of Governmental Knowledge (Minister of Supply and Services, 1981); and Quebec <|br|>(Keable J., Pres.), Commission of Inquiry Into Police Operations in Quebec Territory<|br|>(Quebec, 1981). - Footnote 3
Supra, note 1. - Footnote 4
Commission of Inquiry into the Actions of Canadian Officials in Relation to Maher Arar. Report of the Events Relating to Maher Arar: Analysis and Recommendations. Ottawa: Public Works and Government Services Canada, 2006 (“O’Connor Inquiry”). - Footnote 5
Standing Senate Committee on National Security and Defence, Conduct Becoming: Why the Royal Canadian Mounted Police Must Transform Its Culture (June 2013).
