Stay of Decision
26. A decision by an appropriate officer to discharge a member or to recommend the discharge of an officer is stayed until after the expiration of the time limit within which a grievance or appeal may be filed in accordance with the provisions of the Act or these Regulations, or, where a grievance or appeal has been filed, until after the final disposition of the grievance or appeal.
Service of Documents
27. (1) Any notice, decision or other document required by these Regulations to be served on a person shall be served personally on the person, except that any notice, decision or other document required by these Regulations to be served by a person, an administrative discharge board or a medical board on the Commissioner or an appropriate officer is sufficiently served if it is sent by or on behalf of the person, administrative discharge board or medical board by prepaid first class mail addressed to the Commissioner or appropriate officer, as the case may be.
(2) Personal service constitutes leaving a copy of the notice, decision or other document with the person.
(3) Where more than one unsuccessful attempt has been made to personally serve a notice, decision or other document on a member, the notice, decision or other document may be served by enclosing a copy thereof in a sealed envelope addressed to that member and leaving it with any person who appears to be an adult and an occupant of the dwelling in which the member is residing, or by mailing a copy thereof to the person at that address.
(4) Where a person refuses to accept a notice, decision or other document required to be served personally, personal service is considered to have been effected at the time of the refusal, if the person attempting service
(a) records the refusal on the notice, decision or other document; and
(b) leaves a copy of the notice, decision or other document with the person, by any reasonable means.
(5) Where any method of service authorized by these Regulations involves the mailing of a notice, decision or other document, service thereof shall be deemed to have been effected on the postmark date appearing on the envelope.
(6) In the event of a disruption of mail service, service on the Commissioner or an appropriate officer may be effected by leaving the notice, decision or other document with the member’s unit, detachment or district commander, who shall forthwith inform the Commissioner or appropriate officer, as the case may be, and cause the notice, decision or other document to be delivered.
(7) Any notice, decision or other document served in the manner provided for in subsection (6) shall be considered to be served on the day it was received by the unit, detachment or district commander.
(8) Where an appropriate officer has no record of the receipt of any notice, decision or other document alleged to have been served within the time limit prescribed by these Regulations, the Commissioner or appropriate officer may require the member to resubmit the notice, decision or other document, together with an affidavit that the member did serve the notice, decision or other document within the time limits prescribed by these Regulations.
- SOR/94-219, s. 9(F);
- SOR/98-262, s. 2.
Physical or Mental Disability
28. (1) Subject to subsection (4), where, in the opinion of a designated officer, the ability of a member to serve on the Force is impaired because of a physical or mental condition, the designated officer shall so inform the appropriate officer who shall direct that a medical board be appointed to determine the degree of the member’s impairment.
(2) A member who is the subject of a proceeding before a medical board may nominate as a member of that board a medical practitioner who has attended, or who is the attending medical practitioner of, the member.
(3) A medical board shall be composed of not less than three licensed medical practitioners appointed by the appropriate officer, one of whom shall be the medical practitioner, if any, nominated pursuant to subsection (2).
(4) A medical board is not required to be appointed where the member and the designated officer present to the appropriate officer an agreement in writing that sets out
(a) the nature of the physical or mental disability; and
(b) the degree of impairment to the member that results from the disability.
- SOR/94-219, s. 10;
- SOR/97-233, s. 2.
- Date modified: