Commissioner’s Standing Orders (Conduct) (SOR/2014-291)

Interpretation

Marginal note:Definitions

1 The following definitions apply in these Standing Orders.

Act

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

conduct process

conduct process means any of the administrative actions, decisions or processes provided for by the Act, the Regulations, the Commissioner’s Standing Orders or the Force’s policies relating to an alleged contravention of the Code of Conduct by a member. (processus disciplinaire)

parties

parties means the parties referred to in subsection 45.1(1) of the Act. (parties)

Regulations

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

subject member

subject member means a member who is the subject of a conduct process. (membre visé)

Conduct Authorities

Marginal note:Designation as conduct authorities

• 2 (1) The following persons, subject to any requirements that may be established by the Commissioner under subsection (2), are designated as conduct authorities in respect of the members who are under their command:

  • (a) members who are in command of a detachment and persons who report directly to an officer or to a person who holds an equivalent managerial position;

  • (b) officers, or persons who hold equivalent managerial positions; and

  • (c) officers who are in command of a Division.

• Marginal note:Requirements

  (2) The Commissioner may establish the requirements that a person must meet before acting as a conduct authority.

• Marginal note:Revocation

  (3) The Commissioner may revoke the designation of a person as a conduct authority by written notice. The revocation takes effect as soon as the notice is served on the person.

• Marginal note:Suspension of conduct process

  (4) At the time of the revocation, any conduct process that is the responsibility of the conduct authority is suspended until another conduct authority takes responsibility for the conduct process.

• Marginal note:Compliance with Public Servants Disclosure Protection Act

  (5) If a person who is designated as a conduct authority is a senior officer, as defined in subsection 2(1) of the Public Servants Disclosure Protection Act, the person must administer the conduct process in a manner that complies with that Act.

Conduct Measures

Marginal note:Remedial conduct measures

• 3 (1) A conduct authority who is referred to in paragraph 2(1)(a) may impose one or more of the following remedial conduct measures against a subject member:

  • (a) an admonishment;

  • (b) a direction to work under close supervision for a period of not more than one year;

  • (c) a direction to undergo training;

  • (d) a direction to undergo medical treatment as specified by a Health Services Officer;

  • (e) a direction to attend counselling sessions or complete a rehabilitative program;

  • (f) a direction to complete a program or engage in an activity;

  • (g) a removal, restriction or modification of duties as specified by the conduct authority for a period of not more than one year;

  • (h) a reassignment to another position not involving a relocation or demotion;

  • (i) a reprimand;

  • (j) a financial penalty of not more than eight hours of the member’s pay, deducted from the member’s pay.

• Marginal note:Conduct measure by agreement

  (2) The conduct authority and the subject member may agree on the imposition of any other conduct measure, other than a financial penalty or a corrective or serious conduct measure.

Marginal note:Corrective conduct measures

4 A conduct authority referred to in paragraph 2(1)(b) may impose, in addition to the remedial conduct measures set out in section 3, one or more of the following corrective conduct measures against a subject member:

• (a) an ineligibility for promotion for a period of not more than one year;

• (b) a deferment of pay increment for a period of not more than one year;

• (c) a suspension from duty without pay for a period of not more than 80 hours;

• (d) a financial penalty of not more than 80 hours of the member’s pay, deducted from the member’s pay;

• (e) a forfeiture of annual leave for a period of not more than 80 hours;

• (f) any combination of the measures referred to in paragraphs (c) to (e) totalling not more than 80 hours.

Marginal note:Serious conduct measures

• 5 (1) A conduct authority referred to in paragraph 2(1)(c) may impose, in addition to any remedial and corrective conduct measures, one or more of the following serious conduct measures against a subject member:

  • (a) a removal, restriction or modification of duties as specified by the conduct authority for a period of not more than three years;

  • (b) an ineligibility for promotion for a period of not more than three years;

  • (c) a deferment of pay increment for a period of not more than two years;

  • (d) a reduction to the next lower rate of pay for a period of not more than two years;

  • (e) a demotion for a period of not more than three years;

  • (f) a demotion for an indefinite period;

  • (g) a transfer to another work location;

  • (h) a suspension from duty without pay;

  • (i) a forfeiture of annual leave for a period of not more than 160 hours;

  • (j) a financial penalty deducted from the member’s pay.

• Marginal note:Effect of demotion

  (2) In the case of the demotion referred to in paragraph (1)(e), the member’s rate of pay reverts, on the expiration of the period of demotion, to the rate of pay that the member received before the demotion, subject to any adjustments applicable to that rank or level.

• Marginal note:Conduct boards and persons designated by Commissioner

  (3) Conduct boards and persons who are designated as conduct authorities by the Commissioner under subsection 2(3) of the Act may impose any of the measures referred to in subsection 5(1) against a subject member.

Marginal note:Ineligibility for promotion

• 6 (1) If a conduct measure is imposed under any of paragraphs 4(b) and 5(1)(c) to (e), the subject member is ineligible for promotion for the period set by the conduct authority.

• Marginal note:Demotion under paragraph 5(1)(f)

  (2) A conduct authority who imposes a demotion under paragraph 5(1)(f) must specify the period, up to a maximum of three years, during which the subject member is ineligible for promotion.

Marginal note:Calculation of financial penalty

• 7 (1) For the purpose of sections 3 to 5, a financial penalty is to be calculated based on the subject member’s substantive rank or level on the day on which the penalty is imposed.

• Marginal note:Collection

  (2) The Commissioner may determine the manner in which a financial penalty is to be collected, if necessary, to avoid causing the member undue financial hardship.

Decision by Conduct Authority

Marginal note:Written decision

8 A conduct authority must cause to be served on the subject member a copy of their decision setting out any findings in respect of the alleged contravention of the Code of Conduct, any conduct measure imposed in respect of that contravention and the reasons for the decision. The decision takes effect as soon as it is served.

Review Authority

Marginal note:Designation of review authority

• 9 (1) The Commissioner may designate a person to be a review authority in respect of decisions made by conduct authorities and as the conduct authority in respect of the subject member for any decision that the review authority decides to review.

• Marginal note:Reason for review

  (2) A review authority may, on their own initiative, review a decision to determine if a finding is clearly unreasonable or a conduct measure is clearly disproportionate to the nature and circumstances of the contravention.

• Marginal note:Power of review authority

  (3) If the review authority makes the determination that a finding is clearly unreasonable or a conduct measure is clearly disproportionate and if it is in the public interest to do so, the review authority may

  • (a) rescind any finding made by the conduct authority that the subject member has not contravened the Code of Conduct, substitute for that finding a finding that the subject member has contravened the Code of Conduct and impose any one or more of the conduct measures referred to in subsection 5(1) that is proportionate to the nature and circumstances of the contravention;

  • (b) rescind or amend any conduct measure imposed by the conduct authority, or substitute any one or more of the measures referred to in subsection 5(1) that is proportionate to the nature and circumstances of the contravention; or

  • (c) rescind any conduct measure imposed by the conduct authority and initiate a hearing in accordance with subsection 41(1) of the Act.

Marginal note:Service of notice

• 10 (1) If a review authority intends to substitute another finding for one that was made by the conduct authority, amend any imposed conduct measure or substitute another measure for one that was imposed by the conduct authority, the review authority must cause to be served on the subject member a notice informing the member of this intention.

• Marginal note:Submissions

  (2) The member may, within 14 days after the day on which they are served with the notice, provide the review authority with written submissions.

Marginal note:Decision

• 11 (1) The review authority must render a decision in writing as soon as feasible after considering the subject member’s submissions, and cause a copy of it to be served on the member.

• Marginal note:Reasons

  (2) If the review authority renders a decision under paragraph 9(3)(a) or (b), the reasons for the decision must be included.

• Marginal note:Taking effect

  (3) The decision takes effect as soon as it is served.

Marginal note:Information previously provided

12 If a review authority initiates a hearing, any decisions rendered by the conduct authority and information received by the conduct authority or review authority from or on behalf of the subject member during the conduct process and not forming a part of the investigation, including any admission, must not be provided to the conduct board and the board must not consider the information, unless the member requests that it be considered.

Conduct Board Rules of Procedure

Marginal note:Conduct hearing

• 13 (1) Proceedings before a conduct board must be dealt with by the board as informally and expeditiously as the principles of procedural fairness permit.

• Marginal note:Adaptation of rules

  (2) The conduct board may adapt these rules of procedure if the principles of procedural fairness permit.

• Marginal note:Non-compliance with rules

  (3) The conduct board may remedy any failure to comply with these rules of procedure, including by setting aside a proceeding either wholly or in part, in accordance with the principles of procedural fairness.

• Marginal note:Matters not provided for

  (4) If any matter arises in the proceedings that is not otherwise provided for in the Act, the Regulations or these Standing Orders, the conduct board may give any direction that it considers appropriate.

Marginal note:Absence of subject member

14 The circumstances referred to in subsection 45.1(8) of the Act are that the conduct board is satisfied that the subject member has received reasonable notice of the date, time and place of the hearing and has failed to attend without reasonable cause.

Definition of investigation report

• 15 (1) In this section, investigation report means a report resulting from the investigation referred to in subsection 40(1) of the Act and includes supporting material.

• Marginal note:Documents to be provided and served

  (2) As soon as feasible after the members of the conduct board have been appointed, the conduct authority must provide a copy of the notice referred to in subsection 43(2) of the Act and the investigation report to the conduct board and must cause a copy of the investigation report to be served on the subject member.

• Marginal note:Documents to be provided by member

  (3) Within 30 days after the day on which the subject member is served with the notice or within another period as directed by the conduct board, the subject member must provide to the conduct authority and the conduct board

  • (a) an admission or denial, in writing, of each alleged contravention of the Code of Conduct;

  • (b) any written submissions that the member wishes to make; and

  • (c) any evidence, document or report, other than the investigation report, that the member intends to introduce or rely on at the hearing.

• Marginal note:Further investigation

  (4) A subject member may request that the conduct board cause a further investigation to be made.

• Marginal note:Further information or documents

  (5) A conduct board may order a person to provide any further information or documents that the board requires to perform its role under subsection 45(1) of the Act.

• Marginal note:Protected information

  (6) Parties are not required to provide any information or documents that are protected by privilege or any communication that is protected by subsection 47.1(2) of the Act or subsection 56(3) of the Regulations.

Marginal note:Pre-hearing conference

• 16 (1) A conduct board may direct the parties to participate in a pre-hearing conference, to be held in any manner directed by the board.

• Marginal note:Results in writing

  (2) A conduct board that holds a pre-hearing conference must record in writing any directions, decisions, agreements or undertakings that arise from the pre-hearing conference and must provide a copy of that record to each of the parties.

Marginal note:Motions

• 17 (1) A party may bring a motion before the conduct board at any time.

• Marginal note:Date for hearing motion

  (2) The board may fix a date for hearing the motion or, if the principles of procedural fairness permit, hear it immediately.

• Marginal note:Notice of motion

  (3) If the board fixes a date, the moving party must, at least 14 days before that date, provide the board and serve the responding party with a notice of motion that sets out the grounds for the motion and the relief sought, together with any evidence to be relied on.

• Marginal note:Response to motion

  (4) The responding party must, at least seven days before the date fixed for the hearing, provide the board and serve the moving party with any evidence to be relied on, together with written submissions.