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Commissioner’s Standing Orders (Grievances and Appeals) (SOR/2014-289)

Regulations are current to 2022-08-08

Commissioner’s Standing Orders (Grievances and Appeals)

SOR/2014-289

ROYAL CANADIAN MOUNTED POLICE ACT

Registration 2014-11-28

Commissioner’s Standing Orders (Grievances and Appeals)

The Commissioner of the Royal Canadian Mounted Police, pursuant to paragraphs 21(2)(h)Footnote a and (m)Footnote a, sections 36Footnote b and 39.1Footnote c and subsection 47.1(3)Footnote d of the Royal Canadian Mounted Police ActFootnote e, makes the annexed Commissioner’s Standing Orders (Grievances and Appeals).

Ottawa, November 28, 2014

BOB PAULSON
Commissioner of the Royal Canadian Mounted Police

Interpretation

Marginal note:Definitions

 The following definitions apply in these Standing Orders.

Act

Act means the Royal Canadian Mounted Police Act. (Loi)

document

document has the same meaning as in section 40.1 of the Act. (document)

informal resolution process

informal resolution process means a process used by the parties to resolve a dispute informally and includes the informal conflict management system established under section 30.2 of the Act. (processus de règlement informel)

OCGA

OCGA means the office responsible for the coordination of administrative matters relating to grievances and appeals in the Force. (BCGA)

Regulations

Regulations means the Royal Canadian Mounted Police Regulations, 2014. (Règlement)

PART 1Grievances

Interpretation

Marginal note:Definitions

 The following definitions apply in this Part.

adjudicator

adjudicator means a person constituting the initial level or the final level. (arbitre)

final level

final level means the final level in the grievance process. (dernier niveau)

grievance

grievance means a grievance presented under section 31 of the Act. (grief)

grievor

grievor means a member who presents a grievance. (plaignant)

initial level

initial level means the initial level in the grievance process. (premier niveau)

parties

parties means the grievor and the respondent. (parties)

respondent

respondent means

  • (a) in the case of a grievance that has not been consolidated with any other grievance, the person who made the decision, did the act or made the omission that is the subject of the grievance or, if that person is absent or unable to act, the person who replaces them or, in the absence of a replacement, the person designated by the adjudicator who is considering the grievance; or

  • (b) in the case of a grievance that has been consolidated with another grievance, the person designated under paragraph 10(c) or (d). (intimé)

Marginal note:Initial level

  •  (1) The persons who constitute the initial level are the persons who perform the functions of a level 1 in the Force.

  • Marginal note:Initial level — three persons

    (2) For the purpose of subsection 6(1), all combinations of any three persons who perform the functions of a level 1 in the Force constitute the initial level.

Marginal note:Standardized test

 For the purpose of subsection 31(4.2) of the Act, a standardized test is a test that is used by the Force to assess an individual’s behaviour, knowledge and experience in order to evaluate job-relevant competencies, and includes the marking scheme, the answer key and any materials prepared for the purpose of developing the test. The content of the test must be equivalent for all test-takers, be administered according to standard instructions and procedures and be scored according to a set protocol.

Access to Information

Marginal note:Limitations under subsection 31(4) of Act

 For the purpose of the limitations referred to in subsection 31(4) of the Act, a member is not entitled to be granted access to written or documentary information

  • (a) the disclosure of which could reasonably be expected to be injurious to the defence of Canada or any state allied or associated with Canada, as defined in subsection 15(2) of the Access to Information Act, or to the detection, prevention or suppression of subversive or hostile activities, as defined in that subsection;

  • (b) the disclosure of which could reasonably be expected to be injurious to law enforcement;

  • (c) the disclosure of which is contrary to a provision of any contract entered into by the Crown;

  • (d) about a person’s financial or personal affairs if the person’s interest or security outweighs the member’s interest in the information; or

  • (e) the disclosure of which is prohibited by law.

Panel for Grievances

Marginal note:Initial level panel

  •  (1) The Commissioner may designate a person to select any three-person combination described in subsection 3(2) as a panel.

  • Marginal note:Panel selection

    (2) The designated person may select the panel for the purpose of hearing a grievance in the following circumstances:

    • (a) the decision, act or omission giving rise to the grievance is likely to be the subject of numerous grievances;

    • (b) the relevant law or the relevant Treasury Board or Force policy is vague or ambiguous; or

    • (c) the relevant law is contradictory, or the relevant Treasury Board or Force policy is contradictory or internally inconsistent.

  • Marginal note:Chairperson

    (3) The designated person must designate one of the three persons to be the chairperson of the panel. The chairperson is responsible for its day-to-day management, including the management of communications between the panel and the OCGA and the panel and the parties.

  • Marginal note:Panel decision

    (4) Matters before a panel are decided by a majority of the members of the panel. The chairperson has a second vote in the case of a tie.

Presentation of Grievance

Marginal note:Initial level grievance

  •  (1) A grievor presents a grievance at the initial level by filing a grievance form with the OCGA or the grievor’s supervisor that includes the following information:

    • (a) the grievor’s name and employee number;

    • (b) particulars concerning the decision, act or omission that is the subject of the grievance and the name of the person the grievor believes made the decision, did the act or made the omission;

    • (c) the date on which the grievor knew of the decision, act or omission;

    • (d) a concise statement of the grounds on which the grievance is based;

    • (e) particulars concerning the prejudice the grievor claims to have suffered as a result of the decision, act or omission; and

    • (f) particulars concerning the redress requested.

  • Marginal note:Final level grievance

    (2) A grievor presents a grievance at the final level by filing with the OCGA or the grievor’s supervisor

    • (a) a grievance form that includes the following information:

      • (i) the reasons why the grievor is presenting the grievance at the final level and, in particular, the reasons why the decision rendered by the adjudicator at the initial level contravenes the principles of procedural fairness, is based on an error of law or is clearly unreasonable, and

      • (ii) particulars concerning the redress requested; and

    • (b) a copy of the decision rendered by the adjudicator at the initial level as to the disposition of the grievance.

  • Marginal note:Transmission of grievance

    (3) A supervisor presented with a grievance form must forward it, together with any request submitted under subsection 8(1), to the OCGA as soon as feasible.

  • Marginal note:Transmission of copy of grievance

    (4) The OCGA must forward a copy of any grievance form that it receives to the respondent and to the person who holds the first position of officer or its equivalent in the respondent’s chain of command, or to the person named in the decision rendered under subsection 8(3).

Marginal note:Request to not forward

  •  (1) A grievor who wishes to object to a copy of the grievance form referred to in subsection 7(1) being forwarded to the person who holds the first position of officer or its equivalent in the respondent’s chain of command must, when they present their grievance, submit to the OCGA a written request not to forward it that includes supporting reasons.

  • Marginal note:Transmission of request

    (2) The OCGA must forward the request and a copy of the grievance form to the adjudicator who is considering the grievance.

  • Marginal note:Decision on request

    (3) The adjudicator must render a decision on the request, including reasons for the decision, as soon as feasible, and send the decision to the OCGA. If the adjudicator allows the request, they must name in the decision an appropriate person for the purpose of receiving a copy of the grievance form.

  • Marginal note:Service of decision

    (4) The OCGA must cause a copy of the adjudicator’s decision to be served on the parties.

Informal Resolution

Marginal note:Informal resolution

  •  (1) As soon as feasible after receiving a copy of a grievance form, the respondent must contact the grievor to discuss an informal resolution of the grievance.

  • Marginal note:Refusal to discuss grievance

    (2) If the grievor refuses to discuss the grievance, or any aspect of it, with a view to resolving it informally, the respondent must provide written notice of that fact to the OCGA and cause a copy of it to be served on the grievor.

  • Marginal note:Continuing resolution

    (3) The parties may, until the adjudicator disposes of the grievance in writing, continue to attempt to resolve the matters in dispute by way of an informal resolution process.

  • Marginal note:Agreements for informal resolution

    (4) On request by a party, the adjudicator who is considering a grievance may

    • (a) review a proposed agreement for the informal resolution of the grievance;

    • (b) approve an agreement by the parties for the informal resolution of the grievance; and

    • (c) resolve any issues or concerns relating to the implementation of the agreement.

  • Marginal note:Communications confidential and without prejudice

    (5) Any communications that pass among persons as a part of an informal resolution process are confidential, without prejudice to the parties and must not be disclosed unless the disclosure is

    • (a) agreed to by the parties;

    • (b) required by law;

    • (c) required for the purpose of reaching or implementing an agreement made as a part of the process; or

    • (d) required to protect the health or safety of any person.

Adjudicator

Marginal note:Adjudicator’s powers

 An adjudicator, when considering a grievance, has the power to decide all matters related to the grievance, including the power

  • (a) to dismiss it if it is moot, frivolous, vexatious or an abuse of process, or has already been adjudicated;

  • (b) to render a single decision in respect of the grievance and any other substantially similar grievance that is being considered by the adjudicator;

  • (c) to consolidate the grievance of a grievor with the grievance of any other grievor that is being considered by the adjudicator, with the consent of the grievors, and to designate the respondent for the consolidated grievance;

  • (d) to consolidate the grievance with any other grievance of the grievor that is being considered by the adjudicator and to designate the respondent for the consolidated grievance;

  • (e) to sever the grievance into two or more distinct grievances; and

  • (f) to decide whether any written or documentary information to which the grievor has requested access is a standardized test or the information referred to in section 5.

Marginal note:Conduct of grievance

  •  (1) An adjudicator must render their decision in respect of a grievance or any matter arising in the context of the grievance as informally and expeditiously as the principles of procedural fairness permit.

  • Marginal note:Matters not provided for

    (2) If any matter arises in the context of a grievance that is not otherwise provided for in the provisions of the Act, the Regulations or this Part, the adjudicator may give any direction that is appropriate.

  • Marginal note:Power to remedy — non-compliance

    (3) The adjudicator may remedy any failure by any party to comply with any provision of this Part.

Marginal note:Case conference

  •  (1) An adjudicator who is considering a grievance or any matter arising in the context of a grievance may, on their own initiative or at the request of a party, hold a case conference to discuss the grievance or matter.

  • Marginal note:Communications confidential and without prejudice

    (2) Any communications that pass among persons as a part of a case conference are confidential, without prejudice to the parties and must not be disclosed unless the disclosure is

    • (a) agreed to by the parties;

    • (b) required by law;

    • (c) required for the purpose of reaching or implementing an agreement made as a part of the conference; or

    • (d) required to protect the health or safety of any person.

  • Marginal note:Adjudicator not barred

    (3) An adjudicator who holds a case conference is not prevented from exercising any of their other powers.

Procedure

Marginal note:Submissions

  •  (1) The parties may make submissions on any matter in dispute in respect of the grievance.

  • Marginal note:Types of submissions

    (2) An adjudicator who is considering the grievance or any matter arising in the context of the grievance is responsible for deciding how and when the submissions may be made.

  • Marginal note:Decision in absence of submissions

    (3) The adjudicator may render a decision on a matter in dispute in respect of the grievance in the absence of submissions from one or both of the parties if reasonable notice has been provided to them as to how and when submissions may be made in respect of the matter.

Marginal note:Withdrawal of grievance

 A grievor may withdraw their grievance by written notice to the OCGA before it is disposed of in writing.

Marginal note:Evidence

 An adjudicator, when considering a grievance or any matter arising in the context of a grievance, may accept any evidence submitted by a party.

Decision

Marginal note:Decision at initial level

  •  (1) An adjudicator may dispose of a grievance at the initial level by rendering a decision

    • (a) dismissing the grievance and confirming the decision, act or omission that is the subject of the grievance; or

    • (b) allowing the grievance and

      • (i) remitting the matter, with directions for reconsidering the decision, act or omission, to the respondent or to the person who is responsible for the reconsideration, or

      • (ii) directing any appropriate redress.

  • Marginal note:Considerations

    (2) An adjudicator, when rendering the decision, must consider whether the decision, act or omission that is the subject of the grievance is consistent with the relevant law, or the relevant Treasury Board or Force policy and, if it is not, whether it has caused a prejudice to the grievor.

  • Marginal note:Non-compliance with direction

    (3) Despite subsection (2), the adjudicator may, subject to the principles of procedural fairness, dispose of a grievance against the interests of a party that has failed to comply with any of their directions.

 
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