12. The Act is amended by adding the following after section 20:

13. Section 20.1 of the Act is replaced by the following:

Marginal note:R.S., c. 8 (2nd Supp.), s. 12

• 14. (1) Paragraphs 21(1)(a) and (b) of the Act are replaced by the following:

  • (a) respecting the exercise of the Commissioner’s powers under any of paragraphs 20.2(1)(a) to (g) and (j) to (l);

  • (b) for the organization, conduct, performance of duties, discipline, efficiency, administration or good government of the Force;

  • (b.1) respecting the qualifications of persons who are not under the Commissioner’s jurisdiction who may be designated under subsection 2(3) and the circumstances under which they may be designated;

  • (b.2) respecting the appointment of persons to conduct boards established under section 43 and the qualification of the persons who may be appointed;

  • (b.3) respecting the period during which records relating to investigations and proceedings under Part IV are to be retained;

  • (b.4) respecting the service of documents required or authorized to be served under this Act including the manner and proof of service and the circumstances under which documents are to be considered to be served; and

• Marginal note:R.S., c. 8 (2nd Supp.), s. 12

  (2) Subsection 21(2) of the Act is replaced by the following:

  • Marginal note:Rules

    (2) Subject to the provisions of this Act and the regulations, the Commissioner may make rules

    • (a) prescribing a probationary period for the purposes of subsection 9.3(1);

    • (b) respecting the decision to discharge a member under section 9.4 and the making of a complaint procedure in relation to the decision;

    • (c) prescribing a notice period for the purposes of subsection 9.4(1);

    • (d) respecting the Commissioner’s authority under subsection 22(2) to direct the stoppage of pay and allowances of members;

    • (e) respecting the application of any of paragraphs 20.2(1)(a), (b), (c) and (l);

    • (f) respecting the making of a decision to recommend the discharge of a Deputy Commissioner under any of paragraphs 20.2(1)(d), (f) and (j);

    • (g) respecting the making of a decision to discharge or demote a member under any of paragraphs 20.2(1)(e), (g) and (k);

    • (h) defining “standardized test” for the purposes of subsection 31(4.1);

    • (i) respecting the performance by members of their duties;

    • (j) establishing basic requirements for the carrying on of a member’s duties as a member;

    • (k) respecting the conduct of members;

    • (l) respecting the designation of persons to be conduct authorities; and

    • (m) respecting the organization, efficiency or administration or good government of the Force.

Marginal note:R.S., c. 8 (2nd Supp.), s. 13

• 15. (1) Subsection 22(1.1) of the Act is replaced by the following:

  • Marginal note:Reduction in pay if demotion

    (1.1) If a member is demoted under this Act, the member’s rate of pay shall be reduced to the highest rate of pay for the rank to which the member is demoted that does not exceed the member’s rate of pay at the time of the demotion.

• (2) Subsections 22(2) and (3) of the Act are replaced by the following:

  • Marginal note:Stoppage of pay and allowances

    (2) The Commissioner may direct that a member’s pay and allowances be stopped if

    • (a) the Commissioner is of the opinion that the member

      • (i) is unable to perform their duties as the result of the loss of a basic requirement, as set out in the rules, for the carrying out of a member’s duties,

      • (ii) is absent from duty without authorization, or

      • (iii) has left any assigned duty without authorization;

    • (b) the Commissioner has suspended the member from duty under section 12; or

    • (c) the member is a Deputy Commissioner who is the subject of a recommendation made under paragraph 20.2(1)(d), (f), (h) or (j).

  • Marginal note:Imprisonment

    (3) For the purpose of paragraph (2)(a), being absent from duty without authorization includes being detained in custody or serving a period of imprisonment.

• 16. (1) Section 24.1 of the Act is amended by adding the following after subsection (1):

  • Marginal note:Clarification

    (1.1) For greater certainty, the power to appoint under subsection (1) includes the power to appoint all or any of the members of the Commission.

• Marginal note:R.S., c. 8 (2nd Supp.), s. 15

  (2) Paragraph 24.1(6)(b) of the Act is replaced by the following:

  • (b) any answer or statement made in response to a question described in subsection 35(8), 40(2), 45.1(11), 45.22(8) or 45.65(2);

• (3) Paragraph 24.1(6)(b) of the Act is replaced by the following:

  • (b) any answer or statement made in response to a question described in subsection 35(8), 40(2), 45.1(5) or 45.45(9);

• Marginal note:R.S., c. 8 (2nd Supp.), s. 15

  (4) Paragraph 24.1(6)(d) of the Act is replaced by the following:

  • (d) any answer or statement made in the course of attempting to informally dispose of or resolve a complaint made under Part VII.

• Marginal note:R.S., c. 8 (2nd Supp.), s. 15

  (5) Subsection 24.1(8) of the Act is replaced by the following:

  • Marginal note:Answer not receivable

    (8) If the witness is a member, no answer or statement made in response to a question described in subsection (7) 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.

17. The Act is amended by adding the following after section 28:

Marginal note:R.S., c. 8 (2nd Supp.), s. 16

18. The portion of section 29 of the Act before paragraph (a) is replaced by the following:

19. Section 30 of the Act is renumbered as subsection 30(1) and is amended by adding the following:

20. The Act is amended by adding the following after the heading of Part III:

Marginal note:R.S., c. 8 (2nd Supp.), s. 16

• 21. (1) Subsection 31(1) of the Act is replaced by the following:

  Marginal note:Right of member

  • 31. (1) Subject to subsections (1.1) to (3), if a member is aggrieved by a decision, act or omission in the administration of the affairs of the Force in respect of which no other process for redress is provided by this Act, the regulations or the Commissioner’s standing orders, the member is entitled to present the grievance in writing at each of the levels, up to and including the final level, in the grievance process provided for by this Part.

  • Marginal note:Limitation

    (1.1) A member is not entitled to present a grievance in respect of which an administrative procedure for redress is provided under any other Act of Parliament, other than one provided for in the Canadian Human Rights Act.

  • Marginal note:Limitation

    (1.2) Despite subsection (1.1), a member is not entitled to present a grievance in respect of the right to equal pay for work of equal value.

  • Marginal note:Limitation

    (1.3) A member is not entitled to present a grievance relating to any action taken under any instruction, direction or regulation given or made by or on behalf of the Government of Canada in the interest of the safety or security of Canada or any state allied or associated with Canada.

  • Marginal note:Order to be conclusive proof

    (1.4) For the purposes of subsection (1.3), an order made by the Governor in Council is conclusive proof of the matters stated in the order in relation to the giving or making of an instruction, direction or regulation by or on behalf of the Government of Canada in the interest of the safety or security of Canada or any state allied or associated with Canada.

• Marginal note:R.S., c. 8 (2nd Supp.), s. 16

  (2) Subsection 31(4) of the Act is replaced by the following:

  • Marginal note:Access to information

    (4) Subject to subsection (4.1) and any limitations specified under paragraph 36(b), a member presenting a grievance shall be granted access to any written or documentary information under the Force’s control and relevant to the grievance that the member reasonably requires to properly present it.

  • Marginal note:Access to standardized test

    (4.1) A member is not entitled to have access to a standardized test used by the Force, or to information concerning such a test, if in the opinion of the Commissioner, its disclosure would affect its validity or continued use or would affect the results of such a test by giving an unfair advantage to any person.

  • Definition of “standardized test”

    (4.2) In this section, “standardized test” has the meaning assigned by rules established by the Commissioner.

• Marginal note:R.S., c. 8 (2nd Supp.), s. 16

  (3) Subsection 31(6) of the Act is replaced by the following:

  • Marginal note:Decision

    (6) As soon as feasible after the presentation and consideration of a grievance at any level in the grievance process, the person constituting the level shall render a decision in writing as to the disposition of the grievance, including reasons for the decision, and serve the member presenting the grievance and, if the grievance has been referred to the Committee under section 33, the Committee Chairperson with a copy of the decision.

Marginal note:1990, c. 8, s. 65; 2002, c. 8, par. 182(1)(z.9)

• 22. (1) Subsection 32(1) of the Act is replaced by the following:

  Marginal note:Final level in grievance process

  • 32. (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.

• (2) Section 32 of the Act is amended by adding the following after subsection (3):

  • 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.

Marginal note:R.S., c. 8 (2nd Supp.), s. 16

• 23. (1) Subsection 35(9) of the Act is replaced by the following:

  • 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:R.S., c. 8 (2nd Supp.), s. 16

  (2) Subsection 35(14) of the Act is replaced by the following:

  • 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.