60. (1) Subject to subsection (4), a member who was suspended from duty shall be reinstated where
(a) the appropriate officer concludes that no disciplinary action should be taken against the member following an investigation under Part IV of the Act;
(b) an adjudication board finds that the member did not contravene the Code of Conduct;
(c) the member is found by a court to be not guilty of an offence under an Act of Parliament or of the legislature of a province; or
(d) the member has contravened the Code of Conduct and the sanction imposed is not one under paragraph 45.12(3)(a) or (b) of the Act.
(2) A reinstatement under subsection (1) shall be retroactive to the date of the member’s original suspension from duty.
(3) A member reinstated under subsection (1) shall be informed of the reinstatement in writing by the appropriate officer.
(4) The appropriate officer shall determine whether to reinstate a member, where the conditions of paragraph (1)(a), (b), (c) or (d) are met but the conduct of the member remains the subject of another internal investigation, disciplinary action or charge for an offence under an Act of Parliament or of the legislature of a province.
- SOR/94-219, s. 23;
- SOR/98-262, s. 5.
DISCHARGE OR DEMOTION — OFFICER
61. (1) A recommendation for the discharge or demotion of an officer made pursuant to subsection 45.23(3) of the Act, that has not been dealt with on an appeal pursuant to section 45.24 of the Act, shall be sent to the Commissioner who shall forward the recommendation through the Minister to the Governor in Council for a determination.
(2) Where a recommendation referred to in subsection (1) is forwarded to the Governor in Council, the Governor in Council may
(a) reject the recommendation;
(b) discharge the officer from the Force; or
(c) demote the officer, other than an inspector, to a lower rank.
Instructional and Educational Courses
62. (1) Every member selected to attend a university, school, college or other place of study to undertake at government expense a course of studies or instruction of more than six months duration, with the exception of official languages training, shall, before commencing the course, sign an undertaking agreeing to continue to serve in the Force for the duration of the course given that member and for a specific period thereafter, which period shall be calculated on the basis of two months of service for each month of the course.
(2) Where a member defaults in an undertaking described in subsection (1), or otherwise induces discharge from the Force through improper conduct or any other action, the member may be required to pay all, or such portions as the Commissioner may direct, of the amount paid in respect of the member’s attendance at the course, including travelling and relocation expenses for the member and the member’s family, pay and allowances paid to the member, tuition fees and any other related expense.
- SOR/94-219, s. 24(F).
- Date modified: