Royal Canadian Mounted Police Act

Marginal note:Decision

• 45.12 (1) After considering the evidence submitted at the hearing, the adjudication board shall decide whether or not each allegation of contravention of the Code of Conduct contained in the notice of the hearing is established on a balance of probabilities.

• Marginal note:In writing

  (2) A decision of an adjudication board shall be recorded in writing and shall include a statement of the findings of the board on questions of fact material to the decision, reasons for the decision and a statement of the sanction, if any, imposed under subsection (3) or the informal disciplinary action, if any, taken under subsection (4).

• Marginal note:Sanctions

  (3) Where an adjudication board decides that an allegation of contravention of the Code of Conduct by a member is established, the board shall impose any one or more of the following sanctions on the member, namely,

  • (a) recommendation for dismissal from the Force, if the member is an officer, or dismissal from the Force, if the member is not an officer;

  • (b) direction to resign from the Force and, in default of resigning within fourteen days after being directed to do so, recommendation for dismissal from the Force, if the member is an officer, or dismissal from the Force, if the member is not an officer;

  • (c) recommendation for demotion, if the member is an officer, or demotion, if the member is not an officer; or

  • (d) forfeiture of pay for a period not exceeding ten work days.

• Marginal note:Informal disciplinary action

  (4) In addition to or in substitution for imposing a sanction under subsection (3), an adjudication board may take any one or more of the informal disciplinary actions referred to in paragraphs 41(1)(a) to (g).

• Marginal note:Restriction

  (5) The sanction referred to in paragraph (3)(c) may not be imposed on an inspector or a constable.

• Marginal note:Maximum forfeiture of pay

  (6) Where an adjudication board decides that two or more allegations of contravention of the Code of Conduct by a member contained in one notice of hearing are established, the total period for forfeiture of pay that may be imposed on the member under subsection (3) in respect of all such allegations shall not exceed ten work days.

• Marginal note:Copy of decision to parties when absent

  (7) Where a decision of an adjudication board is rendered in the absence of a party to the hearing, the board shall serve that party with a copy of its decision.