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

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.

Marginal note:Witnesses to appear

• 18 (1) Within 30 days after the day on which the notice of hearing is served, the parties must submit to the conduct board a list of the witnesses that they want to have summoned before the board and a list of the issues in respect of which they may want to rely on expert testimony.

• Marginal note:Information on witnesses

  (2) The list of witnesses must include

  • (a) the name and address of each witness;

  • (b) the reasons for requesting the appearance of each witness;

  • (c) a summary of the anticipated evidence of each witness; and

  • (d) the appropriate means that will allow each witness to testify.

• Marginal note:List of witnesses

  (3) The board must establish a list of the witnesses that it intends to summon, including any expert in respect of whom a party has indicated an intention under subsection 19(3) to question, and may seek further submissions from the parties.

• Marginal note:Providing reasons

  (4) The board must provide the parties with the list of witnesses that it will hear and its reasons for accepting or refusing any witness on the list submitted by the parties.

Marginal note:Expert report

• 19 (1) Any party who intends to use an expert report must, at least 30 days before the hearing, submit it to the conduct board and serve it on the other party.

• Marginal note:Contents of expert report

  (2) The expert report must contain the following:

  • (a) a statement of the issues addressed in the report;

  • (b) a description of the expert’s qualifications with respect to those issues;

  • (c) the expert’s curriculum vitae, attached as a schedule;

  • (d) a summary of the opinions expressed in the report;

  • (e) the facts and assumptions on which the opinions are based;

  • (f) the results of any tests carried out;

  • (g) the reasons supporting each opinion expressed;

  • (h) a summary of the methodology on which the expert has relied;

  • (i) the expert’s findings;

  • (j) in the case of a medical expert’s report, the expert’s opinions concerning the diagnosis and prognosis for the person who is the subject of the report; and

  • (k) any literature or other documents specifically relied on in support of the opinions expressed.

• Marginal note:Responding expert report

  (3) A party who is served with an expert report must, within 14 days after the day on which it is served, notify the board and the other party of their intention, if any, to question the expert or to obtain a responding expert report. The board must fix a deadline for the submission of a responding expert report.

Marginal note:Reading of allegations

• 20 (1) At the commencement of a hearing, the conduct board must read to the subject member each allegation of contravention of the Code of Conduct that is set out in the notice of the hearing, and the member must admit or deny each allegation.

• Marginal note:Deemed denial

  (2) If a member does not admit or deny an allegation, the member is deemed to have denied the allegation.

• Marginal note:Change of position

  (3) The board may permit a member to change their position in respect of an allegation at any time before the final decision in respect of the allegation is rendered.

Marginal note:Adjournment

21 The conduct board may, if necessary, adjourn the hearing for up to 30 days or, in exceptional circumstances, for a longer period.

Marginal note:Recording of proceedings

22 A hearing before a conduct board must be recorded and, at the request of a party who is appealing a decision of the board, a transcript of the recording must be prepared and given to them.

Marginal note:Decision without further evidence

• 23 (1) If no testimony is heard in respect of an allegation, the conduct board may render a decision in respect of the allegation based solely on the record.

• Marginal note:Member guilty of offence

  (2) The conduct board may rely on a finding by a court in Canada that a member is guilty of an offence under an Act of Parliament or of the legislature of a province to decide that the member has contravened the Code of Conduct.

Marginal note:Decision on conduct measures

• 24 (1) In determining the appropriate conduct measures to impose, the conduct board may examine any material submitted by the parties and hear their oral submissions and any witness, including those referred to in subsection 18(1).

• Marginal note:Proportionality

  (2) The conduct board must impose conduct measures that are proportionate to the nature and circumstances of the contravention of the Code of Conduct.

Marginal note:Decision

• 25 (1) The conduct board must render a decision as soon as feasible after the hearing.

• Marginal note:Taking effect of decision

  (2) An oral decision that is rendered in the presence of the subject member takes effect immediately. A written decision takes effect as soon as a copy of it is served on the member.

• Marginal note:Service of decision

  (3) The conduct board must cause a copy of the decision to be served on the subject member and the conduct authority.

Marginal note:Record of conduct proceedings

26 The conduct board must compile a record after the hearing, including

• (a) the notice of hearing referred to in subsection 43(2) of the Act;

• (b) the notice served on the subject member of the place, date and time of the hearing;

• (c) a copy of any other information provided to the board;

• (d) a list of any exhibits entered at the hearing;

• (e) the directions, decisions, agreements and undertakings, if any, referred to in subsection 16(2);

• (f) the recording and the transcript, if any, of the hearing; and

• (g) a copy of all written decisions of the board.

Marginal note:Return of exhibits

• 27 (1) Unless the conduct board decides otherwise, it must cause to be returned to a party anything the party tendered as an exhibit, after the end of the period in which an appeal may be presented, or, if an appeal has been presented, after the disposition of the appeal.

• Marginal note:Destruction or disposal of exhibits

  (2) At the request of a party or if a party refuses to accept a returned exhibit, the conduct board must cause the exhibit to be destroyed or disposed of.

Waiver

Marginal note:Written waiver

28 Any waiver by a subject member of a right under these Standing Orders must be made in writing.

Representation

Marginal note:Definitions

29 The following definitions apply in this section and in sections 30 and 31.

assistance

assistance means legal guidance and information provided to a subject member who may be subject to the serious conduct measures referred to in paragraphs5(1)(a) to (j) or who has received the notice under section 10, or to the conduct authority in respect of the subject member. (assistance)

Conduct Authority Representative

Conduct Authority Representative means a person who is authorized by the Director of the Conduct Authority Representative Directorate to provide representation or assistance to a conduct authority. (représentant des autorités disciplinaires)

Conduct Authority Representative Directorate

Conduct Authority Representative Directorate means the unit within the Force that provides representation or assistance to a conduct authority. (Direction des représentants des autorités disciplinaires)

Member Representative

Member Representative means a person who is authorized by the Director of the Member Representative Directorate to provide representation or assistance to a subject member. (représentants des membres)

Member Representative Directorate

Member Representative Directorate means the unit within the Force that may provide representation or assistance to a subject member. (Direction des représentants des membres)

representation

representation means the act of representing a subject member or conduct authority, including providing legal advice, litigation or advocacy for the purpose of these Standing Orders. (représentation)