21. Where a member or an officer does not make written representations or submit documentation to the appropriate officer within the time limit set out in paragraph 20(2)(c) and where the ground for discharge is one referred to in paragraph 19(b), (c), (f) or (i), the appropriate officer shall consider the particulars of the acts or omissions described in paragraph 20(2)(a) and may
(a) discharge the member or recommend the discharge of the officer; or
(b) order that the member or the officer be retained in the Force.
22. The decision of the appropriate officer made pursuant to subsection 20(9) or section 21 and the reasons therefor shall be recorded in writing and shall be served on the member or officer, together with a statement that the decision of the appropriate officer
(a) is subject to a grievance under Part III of the Act where the ground for discharge is one specified in paragraph 19(a), (c), (f) or (i); or
(b) may be appealed under section 25 where the ground for discharge is specified in paragraph 19(b).
23. (1) A recommendation for the administrative discharge of an officer 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 reject the recommendation or discharge the officer from the Force.
24. Where a member whose discharge from the Force has been ordered or recommended owes money for which the Force is accountable, the Commissioner shall be informed by or on behalf of the member’s appropriate officer immediately after the service of the notice referred to in subsection 20(1), and no order for the discharge of that member will be carried out until the money owed by that member has been paid or recovered from that member, unless the Commissioner directs otherwise.
Appeal of Discharge on Ground of Term of Imprisonment
25. (1) A member who is discharged or an officer who is recommended for discharge for the ground specified in paragraph 19(b) may appeal the decision made under subsection 20(9) or section 21 to the Commissioner.
(2) An appeal shall be instituted by filing with the Commissioner
(a) a statement of appeal, in writing, setting out the grounds of appeal; and
(b) any submissions in relation thereto.
(3) Subject to subsection (4), the statement of appeal referred to in paragraph (2)(a) and the submissions referred to in paragraph (2)(b) shall be filed with the Commissioner within seven days after the date of service on the member of the decision referred to in section 22.
(4) The time limit referred to in subsection (3) for the filing of a statement of appeal may be extended by the Commissioner where the Commissioner determines that the circumstances warrant such an extension.
(5) The Commissioner may dispose of an appeal in respect of the decision referred to in section 22 by
(a) dismissing the appeal and confirming the decision being appealed;
(b) allowing the appeal and ordering that the member be retained in the Force; or
(c) allowing the appeal and directing that a new proceeding be held.
(6) Where the Commissioner orders a new proceeding of a matter pursuant to paragraph (5)(c), the new proceeding shall be held in accordance with sections 20 to 22 as if it were the first proceeding of the matter.
(7) The Commissioner shall render a decision in writing on an appeal and the decision shall be served on both the member and the appropriate officer.
- SOR/94-219, s. 8;
- SOR/95-535, s. 2.
- Date modified: