Royal Canadian Mounted Police Act

Marginal note:Appeal

• 42 (1) Any member against whom informal disciplinary action referred to in any of paragraphs 41(1)(e) to (g) is taken may appeal that action at each of the levels, up to and including the final level, in the appeal process provided for by this section.

• Marginal note:Decision on appeal

  (2) Subject to subsection (3), each level in the appeal process provided for by this section may dispose of an appeal by

  • (a) dismissing the appeal and confirming the informal disciplinary action being appealed; or

  • (b) allowing the appeal and either rescinding the informal disciplinary action being appealed or varying that action by taking any one or more of the actions referred to in paragraphs 41(1)(a) to (g) in substitution for that action.

• Marginal note:Restriction

  (3) On an appeal under this section, the informal disciplinary action referred to in paragraph 41(1)(g) may not be taken in substitution for those referred to in paragraphs 41(1)(e) and (f).

• Marginal note:Final level — Deputy Commissioner

  (4) The Deputy Commissioner designated by the Commissioner for the purposes of this section constitutes the final level in the appeal process with respect to appeals taken by members, other than officers, from informal disciplinary actions referred to in paragraphs 41(1)(e) and (f) and the Deputy Commissioner’s decision on any such appeal is final and binding and, except for judicial review under the Federal Court Act, is not subject to appeal to or review by any court.

• Marginal note:Rescission or amendment of decision

  (5) Notwithstanding subsection (4), the Deputy Commissioner referred to in that subsection may rescind or amend the Deputy Commissioner’s decision on an appeal in respect of which the Deputy Commissioner constitutes the final level in the appeal process on the presentation to the Deputy Commissioner of new facts or where, with respect to the finding of any fact or the interpretation of any law, the Deputy Commissioner determines that an error was made in reaching the decision.

• Marginal note:Final level — Commissioner

  (6) The Commissioner constitutes the final level in the appeal process with respect to appeals taken by officers from informal disciplinary action referred to in any of paragraphs 41(1)(e) to (g) and with respect to appeals taken by members, other than officers, from informal disciplinary action referred to in paragraph 41(1)(g) and the Commissioner’s decision on any such appeal is final and binding and, except for judicial review under the Federal Court Act, is not subject to appeal to or review by any court.

• Marginal note:Rescission or amendment of decision

  (7) Notwithstanding subsection (6), the Commissioner may rescind or amend the Commissioner’s decision on an appeal under this section 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:Rules

  (8) The Commissioner may make rules governing appeals under this section, including, without restricting the generality of the foregoing, rules

  • (a) prescribing the levels in the appeal process;

  • (b) prescribing the time within which an appeal may be made at any level in the appeal process and providing for extensions thereof; and

  • (c) regulating the practice and procedure for appeals under this section.

• Marginal note:Not in derogation

  (9) Nothing in this section is in derogation of the power conferred by section 41 to rescind or vary informal disciplinary action.