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

Marginal note:Member representation

• 30 (1) A Member Representative may provide representation to a subject member if the member

  • (a) is subject to a stoppage of pay and allowances under paragraph 22(2)(b) of the Act;

  • (b) has received a notice under subsection 43(2) of the Act; or

  • (c) is a respondent in an appeal instituted by a conduct authority under subsection 45.11(1) of the Act.

• Marginal note:Member assistance

  (2) A Member Representative may provide assistance to a subject member if the member

  • (a) is subject to any of the conduct measures set out in paragraphs 5(1)(a) to (j); or

  • (b) has been served with a notice under subsection 10(1).

• Marginal note:Exceptions

  (3) If the Director of the Member Representative Directorate decides that one of the following circumstances applies, a Member Representative must not represent or assist a subject member:

  • (a) the Member Representative is involved in the alleged misconduct as a party, witness, participant, or interested person;

  • (b) any representation or assistance could result in a conflict of interest;

  • (c) any representation or assistance could impair the efficiency, administration or good government of the Force.

• Marginal note:Discontinuation

  (4) The Director may discontinue providing representation or assistance if the subject member

  • (a) engages in deceitful conduct towards the Member Representative assigned to the member;

  • (b) fails to cooperate with the Member Representative;

  • (c) requests or encourages the Member Representative to act in a manner that is unlawful or unethical; or

  • (d) acts in a manner that causes an irreparable breach of confidence in the Member Representative’s relationship with the subject member.

• Marginal note:Service of decision

  (5) If, under subsection (3), a subject member cannot be represented or assisted or if, under subsection (4), the Director discontinues the provision of representation or assistance, the Director must cause a notice to this effect to be served on the subject member.

• Marginal note:Excluded costs

  (6) If a subject member is not represented or assisted by a Member Representative, the subject member is responsible for all of the subject member’s costs in responding to an allegation of a contravention of the Code of Conduct.

Marginal note:Non-application to unionized members

30.1 Section 30 does not apply to a subject member who is a member of a bargaining unit that is represented by a bargaining agent.

Marginal note:Conduct authority representation

• 31 (1) A Conduct Authority Representative may represent a conduct authority in the following circumstances:

  • (a) a conduct authority intends to direct that a subject member’s pay and allowances be stopped under paragraph 22(2)(b) of the Act;

  • (b) a conduct authority intends to initiate a conduct hearing under subsection 41(1) of the Act; or

  • (c) a conduct authority intends to appeal or is a respondent in an appeal of a conduct board decision under subsection 45.11(1) of the Act.

• Marginal note:Conduct authority assistance

  (2) A Conduct Authority Representative may provide assistance

  • (a) to a conduct authority who intends to impose any of the measures set out in paragraphs 5(1)(a) to (j); or

  • (b) to a review authority who intends to prepare the notice referred to in subsection 10(1).

• Marginal note:Exceptions

  (3) If the Director of the Conduct Authority Representative Directorate decides that one of the following circumstances applies, a Conduct Representative must not represent or assist a conduct authority:

  • (a) the Conduct Authority Representative is involved in the alleged misconduct as a party, witness, participant or interested person;

  • (b) any representation or assistance could result in a conflict of interest;

  • (c) any representation or assistance could impair the efficiency, administration or good government of the Force.

• Marginal note:Limitation

  (4) Only persons who are Conduct Authority Representatives are authorized to provide representation and assistance under subsections (1) and (2) to conduct authorities.

Appeal

Marginal note:Redress for certain written decisions

• 32 (1) A member who is aggrieved by one of the following written decisions may seek redress by means of an appeal of the decision in accordance with the Commissioner’s Standing Orders (Grievances and Appeals):

  • (a) the decision by a conduct authority to temporarily reassign the member to other duties during a conduct process;

  • (b) the decision to suspend the member under section 12 of the Act;

  • (c) the decision to direct that the member’s pay and allowances be stopped under paragraph 22(2)(b) of the Act; and

  • (d) the decisions to deny or discontinue representation or assistance under subsection 30(3) or (4).

• Marginal note:Redress for other decisions, acts or omissions

  (2) A member who is aggrieved by any decision, act or omission that leads to one of the written decisions set out in paragraphs (1)(a) to (d) may seek redress by means of an appeal of the decision in accordance with the Commissioner’s Standing Orders (Grievances and Appeals).

• Marginal note:Effect of appeal

  (3) An appeal made under this section does not stay the execution of the written decision being appealed or of any related process.

Coming into Force

Marginal note:Registration

33 These Standing Orders come into force on the day on which they are registered.