Contents
- His Excellency the Governor General in Council, on the rec…
- Interpretation
- Part 1 Organization and Administration
- Part 2 Grievances and Appeals
- Part 3 Code of Conduct
- Part 4 Deputy Commissioner
- Part 5 Miscellaneous
- Repeal
- Coming into Force
- Code of Conduct of the Royal Canadian Mounted Police (Section 18 and subsection 23(1))
- Amendments not in force
His Excellency the Governor General in Council, on the recommendation of the Minister of Public Safety and Emergency Preparedness, pursuant to subsections 11(1), 21(1), 23(4), 31(7) and 33(4) and section 38 of the Royal Canadian Mounted Police Act, makes the annexed Royal Canadian Mounted Police Regulations, 2014.notenotenotenotenote
Interpretation
1Definitions#
The following definitions apply in these Regulations.
Act means the Royal Canadian Mounted Police Act. (Loi)
civilian member means a person who is appointed to a level in the Force under subsection 7(1) of the Act. (membre civil)
common-law partner, in relation to an individual, means a person who is cohabiting with the individual in a conjugal relationship, having so cohabited for a period of at least one year. (conjoint de fait)
post means a place where a member is assigned, either permanently or temporarily. (poste)
regular member means a person who is appointed to a rank in the Force and includes a special constable. (membre régulier)
special constable means a person who was appointed before June 30, 1988 to the rank of special constable. (gendarme spécial)
special constable member means a person who is appointed, on or after June 30, 1988, to the rank of special constable member. (membre spécial)
Part 1 · Organization and Administration
Divisions
2Composition of divisions#
(1)The Force is to be divided by the Minister into divisions. In addition to the Commanding Officer, who may be designated by the Governor in Council, each division is composed of members and personnel as the Commissioner directs.
(2)The headquarters of a division is to be located where the Minister directs.
3Force headquarters#
For the purposes of administration, the headquarters of the Force and of the divisions are to be organized as the Commissioner directs.
4Organizational components#
The Commissioner may
(a)direct that a division be divided into organizational components consisting of the members and personnel that are necessary;
(b)establish the name of each organizational component and direct where its headquarters is to be located; and
(c)direct that divisions or any of their organizational components be grouped together.
Command
Royal Canadian Mounted Police Reserve
7Establishment#
(1)The Royal Canadian Mounted Police Reserve is established.
(2)The Reserve is to be organized as the Commissioner directs and is to consist of those persons that the Commissioner appoints, up to a maximum number as determined by Treasury Board.
(3)The Commissioner may appoint reservists for a period of not more than three years and may revoke their appointment at any time.
9Training or duty#
(1)The Commissioner may call up a reservist for training or duty when the Commissioner considers it to be necessary.
(2)A reservist who is called up for training or duty is to be paid the pay and allowances determined by Treasury Board.
Ranks and Levels
12Precedence of ranks and levels#
(1)Unless the Commissioner directs otherwise, precedence for regular members, other than special constables, is to be taken in the following order of rank:
(a)Commissioner;
(b)Deputy Commissioner;
(c)Assistant Commissioner;
(d)Chief Superintendent;
(e)Superintendent;
(f)Inspector;
(g)Corps Sergeant-Major;
(h)Sergeant-Major;
(i)Staff Sergeant-Major;
(j)Staff Sergeant;
(k)Sergeant;
(l)Corporal;
(m)Constable.
(2)Precedence within the ranks and levels for members is to be determined by the date on which a member is appointed or promoted to a rank or level.
(3)The Commissioner must determine the order of precedence between the ranks of special constables, between the ranks of special constable members and between the levels of civilian members.
13Change of rank, level or category#
If a member, other than a Deputy Commissioner, requests a reversion to a lower rank or level or a change from the member’s present category to that of regular member, special constable member or civilian member, the Commissioner may approve that request if there is an appropriate vacancy.
Duties
14Duties#
(1)In addition to the duties set out in the Act, it is the duty of members who are peace officers to
(a)enforce all Acts of Parliament and regulations and render assistance to departments of the Government of Canada as the Minister directs;
(b)maintain law and order in Yukon, the Northwest Territories, Nunavut, national parks and other areas that the Minister designates;
(c)maintain law and order in those provinces and municipalities with which the Minister has entered into an arrangement under section 20 of the Act and carry out the other duties that are specified in those arrangements;
(d)guard and protect any property of Her Majesty in right of Canada or under Her Majesty’s control or custody that the Minister designates;
(e)protect, inside or outside Canada, whether or not there is an imminent threat to their security,
(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;
(f)protect, inside Canada, whether or not there is an imminent threat to their security,
(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
(g)ensure, in accordance with any agreement between the Commissioner and the Clerk of the Privy Council, the security for the proper functioning of
(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.
(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
15Methods of service#
(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.
(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.
(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.
(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.
(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
16Prescription for subsection 31(3) of Act#
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.
17Reference to Committee#
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;
(e)an appeal of a written decision ordering the stoppage of a member’s pay and allowances under paragraph 22(2)(b) of the Act.
Part 3 · Code of Conduct
Part 4 · Deputy Commissioner
19Resignation#
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.
20Recommendation for discharge#
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.
21Recommendation for dismissal#
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
Reinstatement of Member
23Reinstatement#
(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
(b)the conduct board established in respect of the member finds that the member
(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.
(3)The conduct authority must inform the member, in writing, of the reinstatement.
(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
24Undertaking#
(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
Uniforms, Equipment and Medals
26Badge#
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”.
27Significant uniform#
(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.
28Former member#
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.
29Insignia for officers#
(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.
(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.
30Other uniforms#
(1)All uniforms for members, other than the significant uniform described in section 27, are subject to approval by the Commissioner.
(2)Orders of dress are subject to approval by the Commissioner.
31Medals and decorations#
Medals and decorations must be worn by members in the manner approved by the Commissioner.
32Issuance free of charge#
(1)Members are to be issued, free of charge, articles of clothing, kit and other materiel as the Commissioner considers necessary.
(2)The issue and the manner of care of articles of clothing, kit and other materiel are subject to approval by the Commissioner.
(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.
(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
33Award of service badge#
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
34Definition of living accommodation#
(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.
(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.
Travel and Relocation Expenses
37Travel expenses#
The Commissioner may authorize payment for the travel expenses that a member incurs as a result of authorized travel.
38Travel expenses for applicants#
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.
39Travel expenses for examination#
(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.
(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.
40Relocation expenses#
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
(b)the incidental expenses that a member may incur as a result of moving from one accommodation referred to in section 34 or 35 to another if
(i)the move is of a local nature, and
(ii)the member attests to the expenses in a form approved by Treasury Board.
41Relocation expenses — other cases#
(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
(b)the expenses incurred to move or dispose of the personal belongings of a member who dies without dependants.
(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.
Medical and Dental Treatment
43Treatment programs#
(1)Medical and dental treatment programs for regular members and special constable members are subject to approval by the Commissioner.
(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.
44Medical treatment after discharge#
(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.
(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.
Contingency Accounts
Fines and Fees
47Payment received by member#
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.
48Payment other than cash#
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
49Monies payable to Benefit Trust Fund#
(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.
50Management of Benefit Trust Fund#
(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.
51Grants#
(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;
(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.
(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.
52Monthly 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.
(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.
53Withdrawal#
(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.
(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.
54Conversion 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.
(2)The conversion to a grant of the unpaid balance of a loan that exceeded $50,000 must be authorized by the Minister.
Staff Relations Representative Program
56Establishment#
(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.
(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
57Establishment#
(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.
(2)The Commissioner may direct that those services be provided to foreign law enforcement agencies.
(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.
Referral to Victim Services Organization
57.1Definitions#
The following definitions apply in this section and in sections 57.2 to 57.4.
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 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)
note
57.2Limitations 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.
(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.
note
57.3Informing 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.note
57.4Non-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.
note
Disclosure — Intimate Partner Violence
57.5Definitions#
The following definitions apply in this section and in sections 57.6 and 57.7.
Clare’s Law means the legislation of a province regarding the provision by a police service or police force of disclosure information relating to the risk of intimate partner violence. (loi de Clare)
disclosure information means the information that is to be disclosed under the Clare’s Law that is applicable in the province in which the disclosure is to be made. (renseignements visés)
note
57.6Disclosure information#
If the Force is the police force for a province in which Clare’s Law is in force, or for a municipality in such a province, a member who is a peace officer may provide disclosure information.note
Repeal
Coming into Force
Code of Conduct of the Royal Canadian Mounted Police (Section 18 and subsection 23(1))
Statement of ObjectivesMaintaining 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 APPLICATION1.1 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 COURTESY2.1 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 JUSTICE3.1 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 RESPONSIBILITIES4.1 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 FORCE5.1 Members use only as much force as is reasonably necessary in the circumstances.6 CONFLICT OF INTEREST6.1 Members avoid actual, apparent or potential conflicts between their professional responsibilities and private interests.7 DISCREDITABLE CONDUCT7.1 Members behave in a manner that is not likely to discredit the Force.8 REPORTING8.1 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 STATEMENT9.1 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 ACTIVITY10.1 Members engaging in political activities abide by any applicable rules and government and Force policies.
Amendments not in force
— 2024, c. 25, s. 112Unless the context requires otherwise, every reference to “Force” is replaced by a reference to “RCMP” in the English version of every Act of Parliament and the English version of every order, regulation or other instrument made under an Act of Parliament.
Federal laws of Canada reproduced under the Reproduction of Federal Law Order (SI/97-5); not the official version. Source: Justice Laws Website.