Vol. 138, No. 19 — September 22, 2004

Registration
SOR/2004-192 1 September, 2004

ROYAL CANADIAN MOUNTED POLICE ACT

Regulations Amending the Royal Canadian Mounted Police Regulations, 1988

P.C. 2004-966 1 September, 2004

Her Excellency the Governor General in Council, on the recommendation of the Solicitor General of Canada, pursuant to subsection 21(1) (see footnote a) of the Royal Canadian Mounted Police Act, hereby makes the annexed Regulations Amending the Royal Canadian Mounted Police Regulations, 1988.

REGULATIONS AMENDING THE ROYAL CANADIAN MOUNTED POLICE REGULATIONS, 1988

AMENDMENTS

1. (1) Section 17 of the Royal Canadian Mounted Police Regulations, 1988 (see footnote 1) is renumbered as subsection 17(1).

(2) Subsection 17(1) of the Regulations is amended by striking out the word "and" at the end of paragraph (c) and by adding the following after paragraph (d):

(e) protect, within or outside Canada, whether or not there is an imminent threat to their security,

(f) protect, within Canada, whether or not there is an imminent threat to their security,

(g) ensure, in accordance with any memorandum of understanding between the Commissioner and the Clerk of the Privy Council, the security for the proper functioning of

(3) Section 17 of the Regulations is amended by adding the following after subsection (1):

(2) The duties described in paragraphs (1)(e) and (f) shall be carried out in accordance with the Force's assessment of the threat to the security of the person.

COMING INTO FORCE

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

REGULATORY IMPACT
ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Description

The Regulations amend the Royal Canadian Mounted Police Regulations, 1988 to clarify the duties of members of the Royal Canadian Mounted Police (RCMP) to protect Canadian and foreign dignitaries. The Regulations specify the protection of domestic leaders, including the Governor General, the Prime Minister, judges of the Supreme Court of Canada, ministers of the Crown, and those persons designated by the Solicitor General of Canada on the basis of an actual or perceived threat to their security. These amendments contemplate that such protection will apply within or outside Canada and whether or not the threat is imminent. The amendments further stipulate that it is the RCMP's duty to protect internationally protected persons (as defined in section 2 of the Criminal Code) within Canada, whether or not there is an imminent threat to their security. The amendments will also clarify the RCMP's duty to ensure security for First Ministers' Meetings and Cabinet Retreats, not held on Parliament Hill, that are hosted by the Prime Minister.

The Regulations do not represent a modification to or an extension of the RCMP's mandate. The basic duties set out in the Regulations already form part of the RCMP's mandate inasmuch as they relate to preservation of the peace, order, security, and the prevention of crime, which are specified in paragraph 18(a) of the RCMP Act.

Alternatives

There were three alternatives to the preferred option of the Regulations:

•  status quo;

•  commissioner's Standing Order;

•  amendment to the RCMP Act.

The status quo involves, in part, relying on the interpretation of statute and case law. This is considered unacceptable because of the uncertainty that this entails and lack of transparency.

The option of achieving the same objective by way of a Commissioner's Standing Order, pursuant to paragraph 18(d) of the RCMP Act, is rejected because it is an internal RCMP policy vehicle, which is not appropriate for dealing with ministerial designations of persons or events for receipt of RCMP protection.

The option of amending section 18 of the RCMP Act (which sets out duties of members of the RCMP who are peace officers) was also rejected as unnecessary and inappropriate, because paragraph 18(d) already authorizes the Governor in Council to prescribe duties and functions over and above the ones set out in section 18. The Regulations are therefore being made pursuant to subsection 21(1) of the RCMP Act, which authorizes the Governor in Council to make regulations for, among other things, the performance of duties, and generally for carrying out the purposes and provisions of the RCMP Act.

Benefits and Costs

The amendments provide legal clarification of RCMP members' duties with respect to protective policing. Canadian and foreign dignitaries will benefit from this clarification because the RCMP's role in continuing to provide the highest quality protection contributes to public confidence that Canada is a safe and secure country.

There is no expected financial impact from these amendments since the RCMP is already performing those duties when necessary.

Consultation

Consultations were conducted with various RCMP members and staff including: the Commissioner; all Deputy Commissioners; Assistant Commissioners; Directors General and Commanding Officers of all RCMP divisions; the Chief Human Resources Officer; the Chief Information Officer; RCMP Legal Services; and the divisional staff relations representatives (DSRR) who are elected by the membership.

In the fall of 2002, the Department of Foreign Affairs, Health Canada and the Privy Council Office were consulted. In 2003, consultations were undertaken with representatives from provincial and territorial departments of Solicitor General and Attorney General.

Officials from Alberta and Quebec inquired as to whether international meetings, such as the G-8 Summit in Kananaskis, would be covered by the Regulations. Clarification was provided that Bill C-35 (An Act to amend the Foreign Missions and International Organizations Act) (FMIOA), which received Royal Assent on April 30, 2002, already dealt with international meetings. Pursuant to section 10.1 of the FMIOA, the RCMP has primary responsibility to ensure security for the proper functioning of intergovernmental conferences. This provision also authorizes the Solicitor General of Canada to enter into arrangements with the provinces concerning how the RCMP will work with members of provincial and municipal police forces with respect to ensuring security for the proper functioning of an international event.

In the spring of 2004, additional consultations were undertaken with the Ontario Provincial Police, the Sûreté du Québec, the Canadian Association of Chiefs of Police, the Canadian Professional Police Association, and a Federal/Provincial/Territorial Assistant Deputy Ministers' Committee on Policing Issues.

The results of the various consultations indicate that stakeholders support these amendments based on the need to clarify the RCMP's role as it relates to protective policing.

The proposed Regulations were pre-published for 30 days in the Canada Gazette, Part I, on April 24, 2004, and no comments were received.

Compliance and Enforcement

The amendments to the Regulations will not affect any part of the standards and Code of Conduct governing RCMP members.

Contact

Melad Botros
Policing Policy Division
Department of Public Safety and Emergency Preparedness
340 Laurier Avenue West
Ottawa, Ontario
K1A 0P8
Telephone: (613) 949-0358
FAX: (613) 990-3984

Footnote a

R.S., c. 8 (2nd Supp.), s. 12

Footnote 1

SOR/88-361

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