MRD Representation Excluded for Unionized RCMP

Summary#

This order (SOR/2022-249) changes the Commissioner’s Standing Orders (Conduct) to make clear that the RCMP’s internal representative unit will not represent members who are in a certified bargaining unit. The change took effect on November 29, 2022 (the day it was registered).

What it does#

• Adds a new rule saying section 30 of the Commissioner’s Standing Orders (Conduct) does not apply to a subject member who is a member of a bargaining unit that is represented by a bargaining agent. In plain terms: if an RCMP member has union representation, the RCMP’s Member Representative unit will not represent them in conduct matters.
• Changes the English wording of paragraph 31(1)(b) to explicitly refer to a conduct hearing under subsection 41(1) of the Royal Canadian Mounted Police Act. This is a technical clarification about when a conduct hearing is being started.
• States the standing orders come into force on the day they are registered (so they became effective on November 29, 2022).

Who's affected#

• Royal Canadian Mounted Police members who are represented by a certified bargaining agent (that is, unionized members).
• The Member Representative Directorate (MRD), the RCMP unit that previously provided representation to some members.
• Certified bargaining agents such as the National Police Federation (NPF) and other bargaining agents that represent RCMP civilian members (the amendment was discussed with CUPE and CMSG).
• Non-unionized RCMP members are not directly affected — MRD will continue to assist them.

If it’s unclear who is affected in a particular case (for example, where a member’s bargaining status is uncertain), the order itself does not explain every borderline situation.

Why it matters#

• It clarifies who should represent unionized RCMP members in conduct matters: their certified bargaining agent, not the RCMP’s internal MRD. That reduces overlap and potential conflict between two representative bodies.
• The change reflects labour-relations shifts since the Supreme Court decision in 2015 and later laws that allowed RCMP members to join bargaining units. The NPF was certified on July 12, 2019, and its first collective agreement was signed on August 6, 2021; an RCMP–NPF transition of MRD services ended on June 30, 2020.
• The government says the change reduces unnecessary costs and duplication. Reported MRD costs fell from $2,012,891 in fiscal 2017–2018 to $47,742 in fiscal 2021–2022, with an intermediate figure of $234,041 for 2020–2021.
• For individual members, the practical effect is that if you are in a bargaining unit you should expect your union or bargaining agent to handle conduct representation, not the MRD.