Vol. 148, No. 17 — April 26, 2014

Royal Canadian Mounted Police Regulations, 2014

Statutory authority

Royal Canadian Mounted Police Act

Sponsoring department

Department of Public Safety and Emergency Preparedness

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 Regulations) have not been significantly amended in almost 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 1) 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 2) 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 3) 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 level of responsibility and accountability. 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 those 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 existing Act, specifically the Regulations and the Commissioner’s Standing Orders (CSOs), with the new authorities, requirements, functions and powers in the Accountability Act. While the Regulations are provided for by the Governor in Council to grant additional authorities and a general framework for the implementation of amended administrative procedures contained in the Act, 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.

This Regulatory Impact Analysis Statement will focus on the amendments that are necessary for the Regulations. 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, proposed amendments to CSOs will be published in Part II of the Canada Gazette, along with the final Royal Canadian Mounted Police Regulations, 2014. The RCMP intends to consolidate the current CSO suite of approximately 17 sets of rules into approximately 4 new CSOs including Conduct, Investigation and Resolution of Harassment, Grievances and Appeals, and Employment Requirements.

Objectives

The RCMP has committed to making the Accountability Act a central aspect in its efforts to reinforce a culture that promotes responsibility, accountability and transparency. The amended Regulations would 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 substantial changes to the Regulations that are necessary to support the implementation of new human resource management and administrative procedures that are made available in the Accountability Act. 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 Regulations that also require modernization and revision. The extent of changes that are necessary to align the current Regulations with the Accountability Act is so significant that the Department of Justice has recommended that the current Regulations be repealed and replaced by new regulations titled the Royal Canadian Mounted Police Regulations, 2014 (new Regulations).

The information provided below will describe the contents of the new Regulations. In some cases, the proposed amendments are based on the current Regulations and represent relatively minor changes, while other components would be completely new or a substantive revision of the existing elements of the current Regulations. This document will also briefly explain the justification for the proposed amendments to allow a better understanding of the manner in which the Act, the new Regulations, and CSOs would 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 has been changed. A primary reason for the extensive changes to the Regulations is the direction taken by Parliament that limited detail be provided in the Act, while concurrently providing enhanced 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 Regulations and CSOs, when required, rather than to be faced with the more complex process of amending or rewriting the Act.

The following section 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 a list of defined terms that are applied throughout the body of the new Regulations, in the same form as is found in all federal statutory instruments. Certain terms would require modification to reflect changes brought about by the renumbering of the Act itself, while other terms would no longer be necessary. For example, the terms referring to the different categories of “members,” such as “regular member,” “civilian member,” “special constable,” and “special constable member,” require change to reflect the new section numbers and appointment authorities in the Act. Some terms would be added to reflect terminology that was not in place in the late 1980s, specifically “common-law partner.” Also removed would be the two definitions for “special constable member,” and they would be consolidated into the definition for “regular member.” The definition for “living accommodation” would be removed, and instead would form part of subsection 35(2). Finally, the terms “designated officer” and “appropriate officer” would no longer be required as the sections that previously required those definitions would not be in the new regulatory instrument.

Part I: Organization and administration

This part would be modified to carry out the changes made to the Act, providing the Commissioner 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 Act now includes a previously non-existent 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 would be necessary to provide the Commissioner with the authority to establish standards and procedures for recommendation to the Minister, by the Commissioner, to designate or remove a commanding officer. Only the Governor in Council may approve or revoke a designation of a Commanding Officer. A new definition of “commanding officer” would be added to the “Interpretations” section.

Royal Canadian Mounted Police Reserve

Relevant sections of the Regulations would be amended 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 would establish the authority for the Commissioner to organize the Reserve Program, would 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 would indicate that a reservist may only be appointed as a reservist for no more than three years. The new sections would also lay out that a reservist would perform the duties of a peace officer as set out in the Act and the Regulations, or, if the reservist is not a peace officer, perform other duties as prescribed by the Commissioner.

Honorary chaplains

The authority to appoint honorary chaplains would be removed since there is no longer a requirement to appoint honorary chaplains.

Precedence of ranks

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 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 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 new Regulations would include a process for determining seniority, specifically that seniority would be determined by the date on which the member was appointed or promoted to that rank.

Change of rank or category

The current 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 is proposed to make it clear that a member may request a reduction in rank but not a promotion.

Administrative discharge

All sections of the Regulations related to administrative discharge would be repealed. The processes contained in the current Act and Regulations including the requirements related to discharge and demotion boards are 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. Instead of the current structure, in which administrative discharge procedures are set out under the former Act and Regulations, the amendments to the Act provide the Commissioner with the direct authority to demote or discharge members for any reason other than a contravention of any provision of the Code of Conduct, where cause exists. The amended Act also provides the Commissioner with the authority to discharge members for unsatisfactory performance, where the fiscal or operational environment of the RCMP results in workforce reductions, or where work currently conducted by the Force is transferred to another entity. The amended Act provides for the Commissioner to establish rules in support of these new authorities, rendering the sections relating to administrative discharge and demotion irrelevant. The removal of these sections from the Regulations, and the authority to establish CSOs in support of the new authorities where appropriate or required, is consistent with the intention of the Act to provide for greater flexibility in human resource management processes within the RCMP.

Service of documents

Currently, there are multiple means of serving or providing documents to persons involved in RCMP human resources administrative processes. During the development of the Act, it was recommended by the drafters that a single section on the service of documents be created and placed in the Regulations, in a manner similar to most other federal statutes, which rely on service provisions under a regulation. The current sections under the heading “Service of Documents” would be repealed and a detailed description of the modern means through which service of documents, such as written decisions or notices mandating investigations, would be created. 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. These service methods would apply to the service of documents in relation to all administrative processes provided for under the Act, the new Regulations and CSOs.

Sections repealed

For the same reasons as those noted in the section above entitled “Administrative discharge,” all of the following sections would no longer be required, and, as a result of the increased authorities provided to the Commissioner as set out in the Act, these would be repealed: Physical or Mental Disability; Voluntary Retirement; Resignation; Abandonment of Post; and Irregular Appointment. Where required, authorities would be established under a CSO and/or policy, or the authority under the Act may be relied upon to exercise any new powers or functions.

Part II: Grievances (new title)

While certain details relating to the RCMP grievance process are contained in the Act, the current 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 Regulations also identify those grievances that are referred to the External Review Committee (ERC). The ERC is an independent body created under the Act and tasked with conducting reviews of certain grievances and discipline appeals and providing recommendations to the Commissioner to consider in making a final and binding decision in respect of a grievance or appeal.

Under the new Act, there are specific rule-making authorities providing for the establishment of new grievance and appeal procedures. The authority to recreate many of these procedures under rules would be based on a CSO specifically established to manage grievances and appeals for all processes provided for throughout the Act. In particular, the new CSO would 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 Act and Regulations. However, certain authorities have remained within the purview of the Governor in Council to set out in regulations. Consequently, existing sections within this Part of the Regulations need to be only slightly modified to reflect adjustments to processes according to the new Act, as outlined below.

Grievance restriction

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 current 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 are out of date as a result of a real-time change, the specific positions list would be removed and replaced with a general provision prohibiting grievances in respect of certain positions with the reporting structure alluded to above. This would be further expanded in a policy document that provides a new list of positions that would not be subject to grievance.

Grievances referable to the External Review Committee (ERC)

The current 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 new Regulations, the types of grievances that are proposed to be referred to the ERC are

Technical amendment

The title “Presentation of Grievances” would be replaced by “Grievances.”

Part III: Code of Conduct (new title)

The majority of the RCMP conduct process is contained in the Act. However, the Regulations 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 4) 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 would be attached as a schedule to the amended Regulations, instead of being buried in the middle of the Regulations. In addition, the amendments to the Act that establish the conduct system have been built on a platform of professional responsibility and accountability, a significant shift in the manner in which members are 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. As such, the new Code of Conduct would also include amendments that reflect the professional obligations of members in managing their conduct within a framework that reflects the expectations Canadians have of the national police force. The new Code of Conduct would rely on a responsibility-based 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 would be further defined and clarified through a CSO and guide books.

The remaining two sections in this part of the Regulations, are specific to the dismissal of officers and the reinstatement of members who have been suspended from duty. The section pertaining to the dismissal of officers would require modification to align it with the appointment authorities contained in the Act, which provides for only the rank of Deputy Commissioner to be addressed in the Regulations, and would be moved to Part IV of the proposed Regulations. Reinstatement would be repealed and addressed in policy, with the exception of the retroactive date that would be moved to Part V of the proposed Regulations.

The specific changes to the Regulations under this part that would be required to reflect these considerations are outlined below.

Code of Conduct

All previous sections pertaining to the Code of Conduct would be repealed and a new Code of Conduct would be created and set out as a schedule to the 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 (i.e. a member shall not, without authority, be absent from duty), the proposed Code of Conduct would focus on emphasizing the manner in which members are expected to conduct themselves at all times, stated in a manner that describes what members do in demonstrating appropriate, professional and responsible conduct (i.e. a member reports for and remains on duty unless otherwise authorized).

Sanction of Dismissal or Demotion — Officers

Under new authorities provided to the Commissioner, there is no longer a requirement to identify a specific process for the dismissal or demotion of officers. The sole rank of officer still requiring specific mention, as a result of the appointment authority falling to the Governor in Council rather than the Commissioner, is the rank of Deputy Commissioner. A new Part IV, Deputy Commissioner, would be required to reflect this change. See Part IV below for additional details.

Reinstatement

The section pertaining to “Reinstatement” would be removed, and the conditions under which the Commissioner may reinstate a member following suspension under the Act would be addressed in policy. The direct authority for the Commissioner to suspend a member also implicitly includes the authority to reinstate a member when the reasons for the suspension are no longer pertinent. A reinstatement would continue to be retroactive to the date of the member’s suspension from duty, and would be captured under Part V (Miscellaneous) of the proposed Regulations.

Technical amendments

The title “Discipline” would be replaced with “Code of Conduct” and the term “discipline” would be eliminated throughout. Any references to the term “discipline” would 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 IV: Deputy Commissioner (new title)

As noted above, the new Act provides expanded appointment authorities to the Commissioner. The Commissioner can now appoint all members up to the rank of Deputy Commissioner. Deputy Commissioners may only be appointed by the Governor in Council. 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, but established under the Act or the CSOs. This would require an amendment to current wording to reflect that this part would apply solely to Deputy Commissioners. The Regulations would take into consideration the Commissioner’s authority to recommend to the Governor in Council, through the Minister, the appointment, resignation, discharge and dismissal of a Deputy Commissioner.

Technical amendment

The title “Discharge or Demotion — Officer” would be replaced by “Deputy Commissioner.”

Part V: 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 would largely be minor amendments to reflect the need for technical changes, other sections may 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 would be necessary to the section specific to the crest to align the 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 to 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 (and to ensure consistency with Part VIII of the Act in the provision of privilege to certain communications).

Uniforms, equipment and medals

The wording in the section on the badge of the Force would 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.

Living accommodations, and travel and relocation expenses

Sections would be amended or repealed (as necessary) if they have been altered either through the Act or by amendments to the Financial Administration Act or to Treasury Board policies and authorities that have occurred since the coming into force of the current Regulations. The term “escort” would be replaced by “travel assistant.”

Health and safety

References to the provisions of the Act, as it read on March 31, 1960, would 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 of normal Treasury Board allocations. The Fund receives money through donations to the Force, gifts or awards provided to members that have monetary value, or fines paid by members under the conduct process. The 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 as set out below.

The Benefit Trust Fund Advisory Committee would be authorized for withdrawals from the Fund in amounts up to $20,000, rather than $10,000. The Commissioner would be able to authorize amounts that exceed $20,000, up to $50,000. The Minister would 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.

The Fund would 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 duty-related death.

The Fund would have the authority to offer a grant to a member who, in addition to an act of special endurance or bravery, has performed an act that reflects on their high level of professional ethics or integrity. This new ground for the provision of a grant would be added to reflect the establishment of a new award of merit and recognition program to be awarded to members who conduct themselves in a manner that demonstrates a high level of commitment to 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 would 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” would be replaced by “Staff Relations Representative Program.”

A new subsection would 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 would be considered to be privileged, as if the communications were passing between the member and their legal counsel. However, the privilege would be limited by any law that permits or requires disclosure, 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 to strengthen costeffectiveness, for reasons of efficiency, economies of scale, or optimal levels of service integration and delivery. 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 current Regulations were drafted, the scope 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 has expanded and the 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 the NPS to ensure assistance and services are being utilized and coordinated 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 would 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 national police services. Doing so would recognize the full range of services that have evolved since the creation of the current Regulations, and which continue to develop based on technological change and the needs of law enforcement across Canada.

Technical amendment

The subheading “Forensic Laboratories” would 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 business.

Small business lens

The small business lens does not apply to this proposal, as there are no costs to small business.

Consultation

The RCMP has conducted consultations in various forms with internal and external stakeholders affected by the proposed 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. 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. 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, 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 June 2014. The proposed changes to the Regulations, and the Code of Conduct, were also 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), the bargaining agents of public service employees 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 proposed amendments for comment.

To ensure timely updates to all employees, the RCMP created an internal Web site which provides information and updates on the implementation of the Accountability Act and how it impacts the organization and its employees.

The prepublication of the revised Regulations in the Canada Gazette will be an opportunity for the public to provide their views on the proposed regulatory changes. All feedback received during the comment period will be taken into consideration by the RCMP to ensure that the new Regulations and the Code of Conduct are reflective of Canadians’ expectations of its national police service and its employees.

Rationale

The legislative framework calls for a department to update any related regulations when its enabling act is revised. As a result, the Regulations must be revised to include terms, procedures and processes to be followed, to complement and expand upon the framework set out in the Enhancing Royal Canadian Mounted Police Accountability Act. The amended Regulations would need to be in place prior to the coming-into-force date of the amended Act planned for June 2014.

Although there are no net additional costs, the supporting 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 addresses internal procedures and matters of conduct.

Implementation, enforcement and service standards

Compliance and enforcement strategies are not applicable to these amendments.

The implementation plan for the Act aims to ensure that all new processes, procedures, policies and training are in place by the planned coming-into-force date in June 2014. Part of the implementation plan also includes revising the CSOs related to the Accountability Act.

The new 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 under the amended 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 will be in place by the planned launch date of June 2014 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 intends to complete an evaluation of the modernized processes in the 2016–17 fiscal year. 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

Jennifer Anderson
Senior Analyst
Royal Canadian Mounted Police
Legislative Reform Implementation
Building M5, 2nd Floor, Room 120-11
Mailstop 103
73 Leikin Drive
Ottawa, Ontario
K1A 0R2
Telephone: 613-843-6649
Fax: 613-825-7147
Email: RCMP.RegulatoryProposal-PropositionReglementaire.GRC@rcmp-grc.gc.ca

PROPOSED REGULATORY TEXT

Notice is given that the Governor in Council, pursuant to subsection 11(1), paragraph 18(d), subsections 21(1) (see footnote a), 23(4) (see footnote b), 31(7) (see footnote c) and 33(4) (see footnote d) and section 38 (see footnote e) of the Royal Canadian Mounted Police Act (see footnote f), proposes to make the annexed Royal Canadian Mounted Police Regulations, 2014.

Interested persons may make representations concerning the proposed Regulations within 30 days after the date of publication of this notice. All representations must cite the Canada Gazette, Part I, and the date of publication of this notice, and be addressed to Jennifer Anderson, Senior Analyst, Legislative Reform Initiative, Royal Canadian Mounted Police, 73 Leikin Drive, Mailstop 103, Ottawa, Ontario K1A 0R2 (tel.: 613-843-6649; fax: 613-825-7147; email: RCMP.RegulatoryProposal-PropositionReglementaire.GRC@rcmp-grc.gc.ca).

Ottawa, April 10, 2014

JURICA ČAPKUN
Assistant Clerk of the Privy Council

TABLE OF CONTENTS

(This table is not part of the Regulations.)

ROYAL CANADIAN MOUNTED POLICE REGULATIONS, 2014

INTERPRETATION

1. Definitions

PART 1

ORGANIZATION AND ADMINISTRATION
DIVISIONS

2. Composition of divisions

3. Force headquarters

4. Organizational components

COMMAND

5. Designation of Commanding Officer

6. Command precedence

ROYAL CANADIAN MOUNTED POLICE RESERVE

7. Establishment

8. Qualifications

9. Training or duty

10. Duties of reservist

11. Resignation

RANKS AND LEVELS

12. Precedence of ranks and levels

13. Change of rank, level or category

DUTIES

14. Duties

15. Duties for members who are not peace officers

SERVICE OF DOCUMENTS

16. Methods of service

PART 2

GRIEVANCES

17. Prescription for subsection 31(3) of Act

18. External Review Committee

PART 3

CODE OF CONDUCT

19. Code of Conduct

PART 4

DEPUTY COMMISSIONER

20. Resignation

21. Recommendation for discharge

22. Recommendation for dismissal

PART 5

MISCELLANEOUS
RESIGNATION BY MEMBER

23. Resignation is irrevocable

REINSTATEMENT OF MEMBER

24. Retroactive effect

EDUCATIONAL COURSES

25. Undertaking

CERTIFICATE OF SERVICE

26. Issuance

UNIFORMS, EQUIPMENT AND MEDALS

27. Badge

28. Significant uniform

29. Former members

30. Insignia for officers

31. Other uniforms

32. Medals and decorations

33. Issuance free of charge

SERVICE BADGE

34. Award of service badge

LIVING ACCOMMODATION

35. Provision of living accommodation

36. Living accommodation not available

37. Provision of furniture

TRAVEL AND RELOCATION EXPENSES

38. Travel expenses

39. Travel expenses for applicants

40. Travel expenses for examination

41. Relocation expenses

42. Relocation expenses — other cases

43. Treasury Board

44. Money owing at discharge

HEALTH AND SAFETY

45. Treatment programs

46. Medical treatment after discharge

47. Coverage for dependants

CONTINGENCY ACCOUNTS

48. Opening contingency account

FINES AND FEES

49. Payment received by member

50. Payment other than cash

BENEFIT TRUST FUND

51. Monies payable to Benefit Trust Fund

52. Management of Benefit Trust Fund

53. Grants

54. Monthly deductions

55. Withdrawal

56. Conversion to grant

57. Signature of cheques

STAFF RELATIONS REPRESENTATIVE PROGRAM

58. Establishment

NATIONAL POLICE SERVICES

59. Establishment

REPEAL

60.

COMING INTO FORCE

61. Registration

SCHEDULE

CODE OF CONDUCT OF THE ROYAL CANADIAN MOUNTED POLICE

ROYAL CANADIAN MOUNTED POLICE REGULATIONS, 2014

INTERPRETATION

Definitions

1. The following definitions apply in these Regulations.

“Act”
« Loi »

“Act” means the Royal Canadian Mounted Police Act.

“civilian member”
« membre civil »

“civilian member” means a member who is appointed to a level in the Force.

“common-law partner”
« conjoint de fait »

“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.

“post”
« poste »

“post” means a place where a member is assigned, either permanently or temporarily.

“regular member”
« membre régulier »

“regular member” means a member who is appointed to a rank in the Force and includes a special constable.

“Reserve”
« réserve »

“Reserve” means the Royal Canadian Mounted Police Reserve established under subsection 11(1) of the Act.

“reservist”
« réserviste »

“reservist” means a person who is appointed to the Reserve under subsection 7(2).

PART 1

ORGANIZATION AND ADMINISTRATION

DIVISIONS

Composition of divisions

2. (1) The Force is to be divided by the Minister into divisions. In addition to the Commanding Officer, who may be appointed by the Governor in Council, each division is composed of members and personnel as directed by the Commissioner.

Division headquarters

(2) The headquarters for a division is to be located where the Minister directs.

Force headquarters

3. For the purposes of administration, the headquarters of the Force is to be organized as the Commissioner directs.

Organizational components

4. The Commissioner may

COMMAND

Designation of Commanding Officer

5. Standards and procedures for a recommendation to the Minister by the Commissioner for the designation of a Commanding Officer are subject to approval by the Commissioner.

Command precedence

6. In the absence of the person in command or in charge of a post, the command or charge of a post is, unless the Commissioner directs otherwise, to be determined in accordance with the order of precedence set out in section 12.

ROYAL CANADIAN MOUNTED POLICE RESERVE

Establishment

7. (1) The Royal Canadian Mounted Police Reserve is established.

Organization of Reserve

(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.

Appointment

(3) The Commissioner may appoint reservists for a period of not more than three years and may revoke their appointment at any time.

Qualifications

8. A person may be appointed as a reservist only if they are of good character and meet any other qualifications for appointment to the Reserve as determined by the Commissioner.

Training or duty

9. (1) The Commissioner may call up a reservist for training or duty when the Commissioner considers it to be necessary.

Pay and allowances

(2) A reservist who is called up for training or duty is to be paid the pay and allowances determined by Treasury Board.

Duties of reservist

10. A reservist, when called up for duty, has the duties set out under section 18 of the Act and section 14 if the reservist has been designated as a peace officer, or otherwise has the duties referred to in section 15.

Resignation

11. (1) A reservist may resign by giving the Commissioner notice in writing of their resignation, and they cease to be a reservist on the date specified by the Commissioner in writing on accepting the resignation.

Refusal

(2) The Commissioner may refuse to permit a reservist to resign and must notify them, in writing, of the reasons for refusing to permit the resignation.

RANKS AND LEVELS

Precedence of ranks and levels

12. (1) Unless the Commissioner directs otherwise, precedence for regular members, other than special constables, is to be taken in the following order:

Commissioner’s rule

(2) The Commissioner must prescribe, by rule, the precedence for special constables and special constable members and the levels of civilian members.

Precedence within ranks and levels

(3) 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.

Change of rank, level or category

13. 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

Duties

14. (1) In addition to the duties set out in the Act, it is the duty of members who are peace officers to

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.

Duties for members who are not peace officers

15. The Commissioner may prescribe, by rule, the duties of members who have not been designated as peace officers.

SERVICE OF DOCUMENTS

Methods of service

16. (1) If a document is required to be served under the Act, it may be served personally, by mail, by courier or by electronic transmission.

Personal service

(2) Personal service of a document on an individual is effected by delivering the document by hand

Service by mail or courier

(3) Service of a document on an individual by mail or a courier is effected

Service by electronic transmission

(4) Service of a document on an individual by electronic transmission is effected by sending it to the individual or if the individual is a minor, by sending it to the person acting on the individual’s behalf.

Proof of service

(5) Proof of service of a document on an individual is demonstrated by

Deemed 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

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

Late service

(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.

Alternative service

(9) The Commissioner may permit alternate methods of service when the document is required to be served personally but service cannot feasibly be effected.

PART 2

GRIEVANCES

Prescription for subsection 31(3) of Act

17. Positions that report to the Commissioner either directly or through one other person are prescribed for the purposes of subsection 31(3) of the Act.

External Review Committee

18. For the purposes of subsection 33(4) of the Act, the types of grievances that are to be referred to the Committee are grievances relating to

PART 3

CODE OF CONDUCT

Code of Conduct

19. All members must conduct themselves in accordance with the Code of Conduct set out in the schedule.

PART 4

DEPUTY COMMISSIONER

Resignation

20. 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

21. 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

22. 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

23. The resignation of a member, other than a Deputy Commissioner, is irrevocable once accepted by the Commissioner.

REINSTATEMENT OF MEMBER

Retroactive effect

24. The reinstatement of a member who was suspended under section 12 of the Act takes effect on the date of the member’s suspension from duty.

EDUCATIONAL COURSES

Undertaking

25. (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.

Reimbursement

(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

Issuance

26. 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

Badge

27. 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”.

Significant uniform

28. (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.

Exemption

(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.

Former members

29. 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

30. (1) The insignia of rank for officers must be worn on the shoulder straps of the uniform and be

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

Other uniforms

31. (1) All uniforms for members, other than the significant uniform described in section 28, are subject to approval by the Commissioner.

Orders of dress

(2) Orders of dress are subject to approval by the Commissioner.

Medals and decorations

32. Medals and decorations must be worn by members in the manner approved by the Commissioner.

Issuance free of charge

33. (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 is subject to approval by the Commissioner.

Payment of allowance

(3) The Commissioner may designate classes of members to be paid an allowance as determined by Treasury Board for the purchase and care of any articles of clothing, kit and other materiel that Treasury Board specifies.

SERVICE BADGE

Award of service badge

34. 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

Provision of living accommodation

35. (1) 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.

Definition of “living accommodation”

(2) In this section and sections 36 and 37, “living accommodation” includes a dormitory, a room in a residence, an apartment, a house or other living space.

Living accommodation not available

36. 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

37. The Commissioner may authorize the provision of furniture for use in living accommodation, messes and recreational areas.

TRAVEL AND RELOCATION EXPENSES

Travel expenses

38. The Commissioner may authorize payment for the travel expenses that a member incurs as a result of authorized travel.

Travel expenses for applicants

39. 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:

Travel expenses for examination

40. (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.

Relocation expenses

41. The Commissioner may authorize payment for

Relocation expenses — other cases

42. (1) Subject to subsection (2), the Commissioner may authorize payment

Exception

(2) The payment must not be made

Treasury Board

43. The payments referred to in sections 38 to 42 are paid in the manner and amount determined by Treasury Board.

Money owing at discharge

44. If the Commissioner recommends the discharge of a Deputy Commissioner under any of paragraphs 20.2(1)(d), (f), and (j) of the Act, or discharges a member under any of paragraphs 20.2(1)(e), (g), and (k) of the Act, and if the Deputy Commissioner or member who owes money for which the Force is accountable, unless the Commissioner directs otherwise, the recommendation will not be forwarded or the discharge will not be carried out until the money owed has been paid or recovered.

HEALTH AND SAFETY

Treatment programs

45. (1) Medical and dental treatment programs for regular members and special constable members are subject to approval by the Commissioner.

Treatment programs for civilian member

(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

46. (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 45 until the earlier of the following:

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

47. 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

48. 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

49. 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

50. 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

51. (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.

Interest

(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

52. (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.

Advisory committee

(2) The advisory committee must

Grants

53. (1) Grants may be made out of the Benefit Trust Fund to

Grants for certain purposes

(2) Grants may be made out of the Benefit Trust Fund for the purpose of

Loans

(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).

Recreational areas

(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.

Monthly deductions

54. (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.

Unpaid loan

(2) If a member to whom a loan is made out of the Benefit Trust Fund ceases to be a member, the unpaid balance of the loan is payable and is a charge against any money owing to the member by Her Majesty in right of Canada.

Withdrawal

55. (1) A withdrawal from the Benefit Trust Fund under section 53 must be authorized by

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

56. (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

57. 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

Establishment

58. (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.

Privilege

(3) If a member who is the subject of a proceeding under Part IV of the Act is represented or assisted by a staff relations representative, communications passing in confidence between them in relation to the proceeding are, for the purposes of the Act, privileged as if they were communications passing in professional confidence between the member and their legal counsel, except if disclosure of any of those communications is required by law.

NATIONAL POLICE SERVICES

Establishment

59. (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:

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.

Scope

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

REPEAL

60. The Royal Canadian Mounted Police Regulations, 1988 (see footnote 5) are repealed.

COMING INTO FORCE

Registration

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

SCHEDULE
(Section 19)

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 provides a framework, consistent with section 37 of the Royal Canadian Mounted Police Act, that reinforces 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 the responsibilities and standard of conduct by which members are expected to abide, 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 exercise of their duties and 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 carry out their duties and 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 exercise 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 personal 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 exercise 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, report as soon as feasible and take appropriate action if the conduct of another member contravenes this Code.

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 Force policies.

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