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Royal Canadian Mounted Police Act (R.S.C., 1985, c. R-10)

Act current to 2019-07-01 and last amended on 2017-09-21. Previous Versions

PART IIIGrievances (continued)

Presentation of Grievances (continued)

Marginal note:Final level in grievance process

  •  (1) The Commissioner constitutes the final level in the grievance process and the Commissioner’s decision in respect of any grievance is final and binding.

  • Marginal note:Commissioner not bound

    (2) The Commissioner is not bound to act on any findings or recommendations set out in a report with respect to a grievance referred to the Committee under section 33, but if the Commissioner does not so act, the Commissioner shall include in the decision on the disposition of the grievance the reasons for not so acting.

  • Marginal note:Rescission or amendment of decision

    (3) Notwithstanding subsection (1), the Commissioner may rescind or amend the Commissioner’s decision in respect of a grievance under this Part on the presentation to the Commissioner of new facts or where, with respect to the finding of any fact or the interpretation of any law, the Commissioner determines that an error was made in reaching the decision.

  • Marginal note:Delegation

    (4) The Commissioner may delegate to any person under the Commissioner’s jurisdiction any of the Commissioner’s powers, duties or functions under this section or section 33.

  • Marginal note:Sub-delegation

    (5) A person to whom any powers, duties or functions are delegated under subsection (4) may not sub-delegate any of them.

  • R.S., 1985, c. R-10, s. 32
  • R.S., 1985, c. 8 (2nd Supp.), s. 16
  • 1990, c. 8, s. 65
  • 2002, c. 8, s. 182
  • 2013, c. 18, s. 22

Reference to Committee

Marginal note:Reference to Committee

  •  (1) Before the Commissioner considers a grievance of a type prescribed pursuant to subsection (4), the Commissioner shall refer the grievance to the Committee.

  • Marginal note:Idem

    (2) Notwithstanding subsection (1), a member presenting a grievance to the Commissioner may request the Commissioner not to refer the grievance to the Committee and, on such a request, the Commissioner may either not refer the grievance to the Committee or, if the Commissioner considers that a reference to the Committee is appropriate notwithstanding the request, refer the grievance to the Committee.

  • Marginal note:Material to be furnished to Committee

    (3) Where the Commissioner refers a grievance to the Committee pursuant to this section, the Commissioner shall furnish the Committee Chairperson with a copy of

    • (a) the written submissions made at each level in the grievance process by the member presenting the grievance;

    • (b) the decisions rendered at each level in the grievance process in respect of the grievance; and

    • (c) the written or documentary information under the control of the Force and relevant to the grievance.

  • Marginal note:Grievances referable to Committee

    (4) The Governor in Council may make regulations prescribing for the purposes of subsection (1) the types of grievances that are to be referred to the Committee.

  • R.S., 1985, c. R-10, s. 33
  • R.S., 1985, c. 8 (2nd Supp.), s. 16
  • 2013, c. 18, s. 41(E)

Marginal note:Review by Committee Chairperson

  •  (1) The Committee Chairperson shall review every grievance referred to the Committee pursuant to section 33.

  • Marginal note:Action by Committee Chairperson

    (2) Where, after reviewing a grievance, the Committee Chairperson is satisfied with the disposition of the grievance by the Force, the Committee Chairperson shall prepare and send a report in writing to that effect to the Commissioner and the member presenting the grievance.

  • Marginal note:Idem

    (3) Where, after reviewing a grievance, the Committee Chairperson is not satisfied with the disposition of the grievance by the Force or considers that further inquiry is warranted, the Committee Chairperson may

    • (a) prepare and send to the Commissioner and the member presenting the grievance a report in writing setting out such findings and recommendations with respect to the grievance as the Committee Chairperson sees fit; or

    • (b) institute a hearing to inquire into the grievance.

  • Marginal note:Hearing

    (4) Where the Committee Chairperson decides to institute a hearing to inquire into a grievance, the Committee Chairperson shall assign the member or members of the Committee to conduct the hearing and shall send a notice in writing of the decision to the Commissioner and the member presenting the grievance.

  • R.S., 1985, c. R-10, s. 34
  • R.S., 1985, c. 8 (2nd Supp.), s. 16
  • 2013, c. 18, s. 41(E)

Marginal note:Committee

  •  (1) For the purposes of this section, the member or members conducting a hearing to inquire into a grievance are deemed to be the Committee.

  • Marginal note:Notice

    (2) The Committee shall serve a notice in writing of the time and place appointed for a hearing on the parties.

  • Marginal note:Sittings of Committee

    (3) Where a party wishes to appear before the Committee, the Committee shall sit at such place in Canada and at such time as may be fixed by the Committee, having regard to the convenience of the parties.

  • Marginal note:Powers of Committee

    (4) The Committee has, in relation to the grievance before it, the powers conferred on a board of inquiry, in relation to the matter before it, by paragraphs 24.1(3)(a), (b) and (c).

  • Marginal note:Rights of persons interested

    (5) The parties and any other person who satisfies the Committee that the person has a substantial and direct interest in a grievance before the Committee shall be afforded a full and ample opportunity, in person or by counsel or a representative, to present evidence, to cross-examine witnesses and to make representations at the hearing.

  • Marginal note:Representation of witnesses

    (6) The Committee shall permit any person who gives evidence at a hearing to be represented by counsel or a representative.

  • Marginal note:Restriction

    (7) Notwithstanding subsection (4) but subject to subsection (8), the Committee may not receive or accept any evidence or other information that would be inadmissible in a court of law by reason of any privilege under the law of evidence.

  • Marginal note:Witness not excused from testifying

    (8) In a hearing, no witness shall be excused from answering any question relating to the grievance before the Committee when required to do so by the Committee on the ground that the answer to the question may tend to criminate the witness or subject the witness to any proceeding or penalty.

  • Marginal note:Answer not receivable

    (9) If the witness is a member, no answer or statement made in response to a question described in subsection (8) shall be used or receivable against the witness under any proceeding under Part IV, other than a proceeding regarding an allegation that with intent to mislead the witness gave the answer or statement knowing it to be false.

  • Marginal note:Hearing in private

    (10) A hearing shall be held in private, except that

    • (a) while a child is testifying at the hearing, the child’s parent or guardian may attend the hearing; and

    • (b) when authorized by the Committee, a member may attend the hearing as an observer for the purpose of familiarizing the member with procedures under this section.

  • Marginal note:Return of documents, etc.

    (11) Any document or thing produced pursuant to this section to the Committee shall, on the request of the person producing the document or thing, be released to the person within a reasonable time after completion of the Committee’s report.

  • Marginal note:Expenses

    (12) Where the Committee sits at a place in Canada that is not the ordinary place of residence of a member whose grievance is before the Committee or of the member’s counsel or representative, that member, counsel or representative is entitled, in the discretion of the Committee, to receive such travel and living expenses incurred by the member, counsel or representative in appearing before the Committee as may be fixed by the Treasury Board.

  • Marginal note:Report

    (13) On completion of a hearing, the Committee shall prepare and send to the parties and the Commissioner a report in writing setting out such findings and recommendations with respect to the grievance as the Committee sees fit.

  • Definition of parties

    (14) In this section, parties means

    • (a) in respect of each type of grievance that is referred to the Committee under section 33, the person designated by the Commissioner for the purposes of this section and the member whose grievance has been referred to the Committee under section 33;

    • (b) in respect of a case of an appeal made under subsection 45.11(1) that is referred to the Committee under subsection 45.15(1), the member who is the subject of the decision of the conduct board and the conduct authority that initiated the hearing by that conduct board; and

    • (c) in respect of a case of an appeal made under subsection 45.11(3) that is referred to the Committee under subsection 45.15(1), the member making the appeal and the conduct authority who made the finding under appeal or who imposed the conduct measure under appeal.

  • R.S., 1985, c. R-10, s. 35
  • R.S., 1985, c. 8 (2nd Supp.), s. 16
  • 2013, c. 18, s. 23
 
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