Vol. 148, No. 26 — December 17, 2014
SOR/2014-293 November 28, 2014
ROYAL CANADIAN MOUNTED POLICE ACT
Commissioner’s Standing Orders (General Administration)
The Commissioner of the Royal Canadian Mounted Police, pursuant to paragraphs 21(2)(e) (see footnote a) and (m) (see footnote b) and subsection 47.1(3) (see footnote c) of the Royal Canadian Mounted Police Act (see footnote d), makes the annexed Commissioner’s Standing Orders (General Administration).
Ottawa, November 25, 2014
Commissioner of the Royal Canadian Mounted Police
COMMISSIONER’S STANDING ORDERS
1. The following definitions apply in these Standing Orders.
« Loi »
- “Act” means the Royal Canadian Mounted Police Act.
« bar »
- “lounge” means a facility located in a building occupied by the Force where alcohol may be served to any person under the Commissioner’s jurisdiction, individuals undergoing police training and their guests.
« mess »
- “mess” means a place that is operated and administered to provide services to members of a mess association.
« Règlement »
- “Regulations” means the Royal Canadian Mounted Police Regulations, 2014.
DUTIES AND FUNCTIONS OF MEMBERS WHO ARE PEACE OFFICERS
Additional duties and functions
2. In addition to the duties prescribed by the Act and the Regulations, members who are peace officers are required to perform duties and functions of an operational, administrative, scientific or technical nature, including duties in support of those duties and functions.
MESSES AND LOUNGES
Mess establishment and dissolution
3. (1) Subject to the approval of the Commissioner, members may establish, determine the membership structure and dissolve a Force mess.
Approval of Commissioner
(2) The Commissioner may approve the establishment, dissolution and membership structure of Force messes.
4. (1) Members of a mess must establish a mess association, consisting of members of the Force organized on the basis of geographical area and rank.
(2) Each mess association must establish a mess constitution that provides for the operation of the mess and includes a provision for the election of a mess committee that is responsible for the operation and administration of the mess.
5. (1) Every regular member, other than a special constable, is a member of the mess established for the member’s rank in the geographical area where the member is physically posted.
(2) Every mess member must observe the mess constitution, and pay any fees that it requires, for the mess of which they are a member.
Other members of mess
(3) Special constable members, civilian members and civilian employees may become members of a mess under the terms and conditions established by the mess constitution.
6. (1) The Commissioner may establish lounges.
(2) The Commanding Officer for the division in which a lounge is located must establish a lounge committee and appoint its members.
(3) The lounge committee is responsible for directing the operation of the lounge.
7. Liability insurance must be maintained for messes and lounges.
Providing representation or assistance
8. With the exception of a Member Representative or a Conduct Authority Representative as defined in section 29 of the Commissioner’s Standing Orders (Conduct), or a staff relations representative, as referred to in subsection 56(2) of the Regulations, and subject to subsection 9(1), a person under the Commissioner’s jurisdiction may provide representation or assistance to a member under subsection 47.1(1) of the Act only if the person has been authorized to do so by the person who holds the first position of officer or its equivalent in the person’s chain of command.
9. (1) For the purposes of paragraph 47.1(3)(b) of the Act, a person must not represent or assist a member under subsection 47.1(1) of the Act in any of the following circumstances:
- (a) the person is involved as a party, witness, participant or interested person in the grievance, in the proceeding before a board or in the alleged misconduct that led to the decision giving rise to the appeal;
- (b) any representation or assistance could result in a conflict of interest;
- (c) any representation or assistance could impair the efficiency, administration or good government of the Force.
Request to provide representation or assistance
(2) A person who wants to represent or assist a member must make a request in writing to the first position of officer or its equivalent in the person’s chain of command and a decision in response to that request must be rendered in writing as soon as feasible. The person who renders the decision must cause a copy of it to be served on the person who made the request and the member.
(3) A person who represents or assists a member must immediately advise the person who holds the first position of officer or its equivalent in the representative’s chain of command if one of the circumstances set out in subsection (1) exists.
Appeal of decision on representation or assistance
10. (1) A member seeking to be represented or assisted who has been aggrieved by the decision referred to in subsection 9(2) may seek redress by means of an appeal of the written decision in accordance with the Commissioner’s Standing Orders (Grievances and Appeals).
Redress for other decisions, acts or omissions
(2) A member who is aggrieved by any decision, act or omission in the process leading to the decision referred to in subsection 9(2) may seek redress by means of an appeal of the written decision in accordance with the Commissioner’s Standing Orders (Grievances and Appeals).
Effect of appeal
(3) Any appeal filed under this section does not suspend the grievance, the proceeding before a board or the appeal under subsection 45.11(1) or (3) of the Act.
11. The following Standing Orders are repealed:
- (a) Commissioner’s Standing Orders (Disciplinary Action) (see footnote 1);
- (b) Commissioner’s Standing Orders (Qualifications) (see footnote 2);
- (c) Commissioner’s Standing Orders (Practice and Procedure) (see footnote 3);
- (d) Commissioner’s Standing Orders (Public Complaints) (see footnote 4);
- (e) Commissioner’s Standing Orders (Representation), 1997 (see footnote 5); and
- (f) Commissioner’s Standing Orders (Grievances) (see footnote 6).
12. The following Standing Orders are repealed:
- (a) Commissioner’s Standing Orders (Medical Boards) (see footnote 7);
- (b) Commissioner’s Standing Orders (Precedence) (see footnote 8);
- (c) Commissioner’s Standing Orders (Probationary Member) (see footnote 9);
- (d) Commissioner’s Standing Orders (Duties of Members) (see footnote 10);
- (e) Commissioner’s Standing Orders (Authorized Passengers) (see footnote 11);
- (f) Commissioner’s Standing Orders (Certificates of Service) (see footnote 12);
- (g) Commissioner’s Standing Orders (Lounges) (see footnote 13);
- (h) Commissioner’s Standing Orders (Messes) (see footnote 14);
- (i) Commissioner’s Standing Orders (Material Management) (see footnote 15);
- (j) Commissioner’s Standing Orders (Gifts or Sponsorship) (see footnote 16);
- (k) Commissioner’s Standing Orders (Loss of Basic Requirements) (see footnote 17);
- (l) Commissioner’s Standing Orders (Sponsorship Agreements) (see footnote 18);
- (m) Commissioner’s Standing Orders (Health Assessment) (see footnote 19); and
- (n) Commissioner’s Standing Orders (Appropriate Officer) (see footnote 20).
COMING INTO FORCE
13. These Standing Orders come into force on the day on which they are registered.
REGULATORY IMPACT ANALYSIS STATEMENT
(This statement is not part of the Commissioner’s Standing Orders.)
The Enhancing Royal Canadian Mounted Police Accountability Act (the Accountability Act), which received Royal Assent on June 19, 2013, introduces significant changes to the Royal Canadian Mounted Police Act (the Act) to support the efforts of the Royal Canadian Mounted Police (RCMP) to support law enforcement operations through increased accountability in respect of the manner in which the force is administered. The changes to the Act created a requirement to review the RCMP’s Commissioner’s Standing Orders (CSOs) and the Royal Canadian Mounted Police Regulations, 1988 (the 1988 Regulations) to ensure that they align with the authorities, requirements, functions and powers provided by the Accountability Act. As a result of this review, the 1988 Regulations will be repealed and replaced with the Royal Canadian Mounted Police Regulations, 2014 (the 2014 Regulations) and 20 existing CSOs will be repealed and consolidated into five new CSOs:
- Investigation and Resolution of Harassment Complaints
- Employment Requirements
- General Administration
- Grievances and Appeals
The purpose of this Regulatory Impact Analysis Statement (RIAS) is to provide information in respect of the CSOs (General Administration). The other four CSOs listed above are each addressed in a separate RIAS. In addition, this RIAS will serve to provide the “master list” setting out in detail each of the 20 existing CSOs that will be repealed, those being:
- Appropriate Officer
- Authorized Passengers
- Certificates of Service
- Disciplinary Action
- Duties of Members
- Gifts or Sponsorship
- Loss of Basic Requirements
- Health Assessment
- Material Management
- Medical Boards
- Practice and Procedure
- Probationary Member
- Public Complaints
- Sponsorship Agreements
The five CSOs, subsections 87(1), (3) and (4) of the Accountability Act, and the 2014 Regulations must all come into force at the same time in order to ensure the smooth and efficient implementation of the totality of the new systems created by the new statutory regime.
In 2007, the government-appointed Task Force on Governance and Cultural Change in the RCMP (see footnote 21) 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 public complaints process in response to the report on the events relating to Maher Arar. (see footnote 22) 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 the Force’s commitment to providing employees with a safe, healthy, respectful and harassmentfree workplace. The cumulative effect of these events resulted in the Government’s 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 RCMP members, and to enhance the organization’s level of responsibility and accountability, both internally and externally. Government support for this level of transformation resulted in the tabling of the Accountability Act on June 20, 2012, which was consequently subject to extensive examination during the parliamentary process.
The Accountability Act is based on two former bills that were introduced during the third session of the 40th 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 — Royal Canadian Mounted Police 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 Act, specifically the Regulations and the CSOs, with the new authorities, requirements, functions and powers provided for in the Accountability Act. All of the statutory components are in turn supported by policies, process maps, guidebooks, and training materials.
Subsection 2(2) of the Act defines CSOs as “the rules made by the Commissioner under any provision of this Act empowering the Commissioner to make rules.” Simply put, the CSOs are statutory instruments created under the Commissioner’s authority which establish the essential components that are necessary for the implementation of various procedures. In particular, these CSOs contain rules governing general administrative matters and serve to repeal 20 existing CSOs that are no longer required as a result of the creation of the five CSOs described above under the “Issues” section.
During the review and analysis of existing CSOs, four CSOs were identified as being unique in that they provided details and procedures specific to the administration of processes and structures that had no application to the other processes impacted by the Accountability Act, yet which still required amendments or outright repeal. The CSOs (General Administration) consolidate those CSOs in respect of the Duties of Members, Lounges, Messes, and Representation (which includes redress) of members as provided for under subsection 47.1(1) of the Act. The consolidation resulted in including the following amendments as part of these CSOs:
- Peace officer duties and functions: This section expands upon the Act and the Regulations’ duties and functions of peace officers to include those of an operational, administrative, scientific or technical nature, as determined by the Commissioner. The contents of the current CSOs have been imported unchanged for administrative efficiency.
- Administration of messes and lounges: This section outlines the structure and requirements for the establishment, dissolution and membership of messes and lounges in the RCMP. For messes, there will now be a logical flow as to how members establish a mess: an identifiable group of members first agree to form a mess based on criteria such as rank and/or geographical location; the Commissioner’s approval to establish the mess is sought; if approved, the mess is formalized through the creation of a mess association; and, finally, the conditions under which members belong to the mess, including the requirement to pay mess dues, are created through a mess constitution. For lounges, the current limitation that provides access to lounges for members and their guests will be expanded to include all persons under the Commissioner’s jurisdiction, in recognition of the expanded personnel structure of the RCMP.
- Representation under section 47.1 of the Act: This section provides the details in respect of how a member seeking to represent or assist another member may receive authorization, the process to obtain the authorization, considerations that are applicable for determining if authorization will be granted, and the conditions under which an authorization may be revoked. Redress: This section establishes the means through which the member who was seeking to be represented or assisted may seek redress. Specifically, if the member for whom authorization was requested is not permitted to provide representation or assistance, the member seeking representation may appeal the decision through the procedures provided under the CSOs (Grievances and Appeals).
Finally, these CSOs repeal the entirety of the existing CSOs that will no longer be required after the coming into force. The following table provides details regarding the repeal and replacement of the current CSOs suite.
|New CSOs||CSOs consolidated under or eliminated by new CSOs||CSOs repealed by virtue of being included in policy|
Portions of Representation
Practice and Procedure
|Employment Requirements||Health Assessment
Loss of Basic Requirements
|General Administration||Duties of Members
|Grievances and Appeals||Grievances|
|Investigation and Resolution of Harassment Complaints|
Certificates of Service
Gifts or Sponsorship
In addition to the above-listed CSOs, the RCMP is retaining the following two existing CSOs: CSOs (Classification Redress Process for Members), and CSOs (Long Term Disability Insurance Plan). These two CSOs must be retained, as no other authorities are available to ensure that these administrative processes remain available to members. They have not been included under the CSOs (General Administration), as their uniqueness and specificity do not allow for their inclusion.
The “One-for-One” Rule does not apply to this proposal, as there are no changes 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.
The RCMP has conducted consultations in various forms with internal and external stakeholders affected by the proposed legislative amendments. In regard to the development of the new human resource management and administrative processes created by the amendments to the Act, beginning in June 2011, the RCMP created internal working groups, consisting of applicable subject matter experts, member and employee representatives, and divisional service providers and managers, to collaboratively identify options for the establishment of the form and structures for the new processes, procedures, policies, and training. These working groups played a key role in determining the contents of each of the CSOs, as even following the cessation of the working groups in late 2013, draft products, such as the proposed provisions for the 2014 Regulations, the Code of Conduct, policies, guidebooks and the CSOs were shared with the Staff Relations Representative Program, the official labour relations program of the RCMP, public service employee bargaining agents, and internal and external subject matter experts, for review and feedback.
To offer further opportunities for all employees to provide input, the RCMP created an internal Web site in June 2011, in order to provide information and updates on the implementation of the Accountability Act and how it could impact the Force and its employees. The site also provided email access to the RCMP team tasked with coordinating the response to the Accountability Act, and several thousand RCMP personnel have submitted their thoughts, considerations, concerns and suggestions throughout the course of building the necessary infrastructure for the implementation of the Act.
The legislative framework calls for a department to update any related regulations when its enabling Act is revised. As a result of the enhanced authorities in the RCMP Act, new CSOs on General Administration must be introduced to include the terms, procedures and processes that are necessary for general administrative matters, and also to repeal 20 existing CSOs that are no longer required. The new CSOs will have the same coming-into-force date as subsections 87(1), 87(3) and 87(4) of the Accountability Act. Although there are no net additional costs, the supporting CSOs and the 2014 Regulations are essential and crucial elements of modernizing operations and streamlining practices to achieve enhanced levels of internal and external accountability for the manner in which the RCMP administers its internal procedures.
Implementation, enforcement and service standards
The 2014 Regulations and the revised CSOs will provide the additional authorities and procedural details that are necessary to complete the implementation and functionality of the processes and systems established by the Accountability Act. On the same day as their coming into force, a series of supporting policies will be available to provide further information that is more administrative in nature and that does not require the level of legislative authority that is provided for under a statutory instrument.
Service standards in respect of the application of the new procedures will be in place following the coming into force of the Act and will be refined in the coming years based on lessons learned and best practices. The RCMP will conduct a review of the adequacy of resources and the evaluation of the modernized human resource management and administrative processes three to five years after the date of implementation for consideration by RCMP senior executives and Government.
Chief Superintendent Michael O’Rielly
Workplace Responsibility Branch
Royal Canadian Mounted Police
- Footnote a
S.C. 2013, c. 18, s. 14(2)
- Footnote b
S.C. 2013, c. 18, s. 14(2)
- Footnote c
S.C. 2013, c. 18, s. 37
- Footnote d
R.S., c. R-10
- Footnote 1
- Footnote 2
- Footnote 3
- Footnote 4
- Footnote 5
- Footnote 6
- Footnote 7
effective December 4, 1989
- Footnote 8
effective February 7, 1990
- Footnote 9
effective May 6, 1991
- Footnote 10
effective May 7, 1991
- Footnote 11
effective May 13, 1991
- Footnote 12
effective September 22, 1992
- Footnote 13
effective October 13, 1992
- Footnote 14
effective October 22, 1992
- Footnote 15
effective December 6, 1993
- Footnote 16
effective February 20, 1995
- Footnote 17
effective November 28, 1995
- Footnote 18
effective March 6, 1996
- Footnote 19
effective October 18, 1996
- Footnote 20
effective August 5, 2008
- Footnote 21
A Matter of Trust: Report of the Independent Investigator into Matters Relating to RCMP Pension and Insurance Plans (Canada: 2007) [“Brown Report”]; David Brown, Linda Black, Richard Drouin, Larry Murray, and Norman D. Inkster, Rebuilding the Trust: Report on the Task Force on Governance and Cultural Change in the RCMP (Ottawa: Minister of Public Safety and President of the Treasury Board, December 14, 2007) [“Brown Task Force Report”].
- Footnote 22
Commission of Inquiry into the Actions of Canadian Officials in Relation to Maher Arar. Report of the Events Relating to Maher Arar: Analysis and Recommendations (Ottawa: Public Works and Government Services Canada, 2006) [“O’Connor Inquiry”].