Commissioner’s Standing Orders (Employment Requirements) (SOR/2014-292)

Interpretation

Definition of Act

1 In these Standing Orders, Act means the Royal Canadian Mounted Police Act.

Basic Requirements

Marginal note:Basic requirements

• 2 (1) For the purpose of these Standing Orders and subparagraph 22(2)(a)(i) of the Act, a member possesses the basic requirements for the carrying out of their duties if they

  • (a) are legally authorized to possess a firearm;

  • (b) hold a licence issued in Canada to operate a motor vehicle; and

  • (c) have the required reliability status or security clearance.

• Marginal note:Prohibition against entry

  (2) A member who is subject to an order issued by a court or justice of the peace prohibiting or restricting entry into any place within the policing jurisdiction for which the member is responsible does not possess the basic requirements for the carrying out of their duties.

PART 1Stoppage of Pay and Allowances

Definition of decision maker

3 For the purpose of this Part, decision maker means a member to whom the Commissioner has delegated the power to direct that a member’s pay and allowances be stopped under paragraph 22(2)(a) or (c) of the Act.

Marginal note:Notice to decision maker

• 4 (1) If a member loses a basic requirement, is absent from duty without authorization or has left any assigned duty without authorization, the person in command of the member’s detachment must notify the decision maker for the member in writing as soon as feasible.

• Marginal note:Member recommended for discharge

  (2) If a member is recommended for discharge under paragraph 20.2(1)(d), (f) or (j) of the Act, the person making the recommendation must immediately notify the decision maker for the member in writing.

• Marginal note:Service of notice of intent

  (3) If, on receiving a notification under subsection (1) or (2), the decision maker intends to direct that the member’s pay and allowances be stopped, they must cause to be served on the member a notice to that effect.

• Marginal note:Contents of notice

  (4) The notice of intent must

  • (a) set out the grounds on which the decision maker intends to make the decision; and

  • (b) state that the member may, within 14 days after the day on which the notice is served,

    • (i) provide a written response, or

    • (ii) request, in writing, an extension of time to provide a written response.

• Marginal note:Consideration of response

  (5) The decision maker must consider any written response before deciding whether to direct that the member’s pay and allowances be stopped.

• Marginal note:Service of direction

  (6) If the decision maker directs that a member’s pay and allowances be stopped, the decision maker must make the direction in writing and cause the member to be served with a copy of the direction and the reasons for it.

• Marginal note:Duration

  (7) The direction takes effect immediately and remains in effect until the member

  • (a) possesses the basic requirements for the carrying out of their duties, is no longer absent from duty without authorization or has returned to the assigned duty; or

  • (b) is no longer the subject of the recommendation for discharge referred to in subsection (2).

• Marginal note:Date of reinstatement of pay and allowances

  (8) The Commissioner may reinstate the pay and allowances of a member to the date of the stoppage of pay and allowances if the grounds for the stoppage no longer apply and if the circumstances leading to the stoppage were exceptional and beyond the member’s control.

PART 2Discharge and Demotion

Definition of decision maker

5 For the purpose of this Part, decision maker means a person to whom the Commissioner has delegated the power

• (a) to revoke a person’s appointment under section 9.2 of the Act;

• (b) to recommend the discharge of a member under paragraph 20.2(1)(d), (f) or (j) of the Act;

• (c) discharge the member under paragraph 20.2(1)(e), (g) or (k) of the Act; or

• (d) demote the member under paragraph 20.2(1)(e) or (g) of the Act.

Marginal note:Reasons other than contravention of Code of Conduct

6 For the purpose of paragraphs 20.2(1)(f) and (g) of the Act, reasons other than a contravention of any provision of the Code of Conduct include

• (a) having a disability, as defined in the Canadian Human Rights Act;

• (b) being absent from duty without authorization or having left an assigned duty without authorization;

• (c) being absent from duty as the result of being detained in custody or serving a period of imprisonment;

• (d) being in a conflict of interest other than one set out in the Code of Conduct;

• (e) no longer possessing a basic requirement for the carrying out of a member’s duties; and

• (f) being convicted of an offence that is punishable by indictment or that would be punishable by indictment if it occurred in Canada.

Marginal note:Designation of officer or person

• 7 (1) The Commissioner may designate an officer or a person who holds an equivalent managerial position to be responsible for making a recommendation to a decision maker in respect of

  • (a) a recommendation to discharge a member under paragraph 20.2(1)(d) or (f) of the Act; or

  • (b) the discharge or demotion of a member under paragraph 20.2(1)(e) or (g) of the Act.

• Marginal note:Recommendation

  (2) If there is cause to make the recommendation, the designated officer or person must immediately make the recommendation in writing.

Marginal note:Notice of intent

• 8 (1) A decision maker must cause a notice to be served on a member if the decision maker intends

  • (a) to recommend the discharge of the member under paragraph 20.2(1)(d) or (f) of the Act;

  • (b) to discharge or demote the member under paragraph 20.2(1)(e) or (g) of the Act;

  • (c) to recommend the discharge of the member under paragraph 20.2(1)(j) of the Act;

  • (d) to discharge the member under paragraph 20.2(1)(k) of the Act; or

  • (e) to take corrective action in respect of an error, an omission or improper conduct that affected the Commissioner’s selection of the member for appointment under subsection 6(4) or 7(1) of the Act.

• Marginal note:Request for recusal

  (2) The member may, within 14 days after the day on which the notice of intent is served, request that the decision maker recuse themselves. The request must be in writing and include reasons.

• Marginal note:Decision on request for recusal

  (3) The decision maker must render a decision on the request for recusal as soon as feasible and cause a copy of the decision, including reasons for it, to be served on the member. If the decision maker allows the request, they must ask the Commissioner to select another decision maker.

Marginal note:Contents of notice

• 9 (1) The notice of intent must set out

  • (a) the action referred to in subsection 8(1) that the decision maker intends to take;

  • (b) the grounds on which the decision maker intends to make the decision; and

  • (c) the member’s rights under subsection (2).

• Marginal note:Member’s rights

  (2) The member may, within 14 days after the day on which the notice of intent is served,

  • (a) provide a written response and, if one is provided, make a written request, with reasons, for a meeting with the decision maker for the purpose of making oral submissions;

  • (b) provide a written response and request, in writing, an extension of time to make the request referred to in paragraph (a); or

  • (c) request, in writing, an extension of time to provide the response and make the request referred to in paragraph (a).

• Marginal note:New information

  (3) If, after the notice of intent is served but before the decision maker makes a decision under subsection 12(1), new information that may be relevant comes to the attention of the decision maker, the decision maker must cause the member to be served with a copy of that information. The member may, within seven days after the day on which the copy is served,

  • (a) provide a written response and, if one is provided, make a written request, with reasons, for a meeting with the decision maker for the purpose of making oral submissions;

  • (b) provide a written response and request, in writing, an extension of time to make the request referred to in paragraph (a); or

  • (c) request, in writing, an extension of time to provide the response and make the request referred to in paragraph (a).

Marginal note:Meeting

• 10 (1) The decision maker may agree to meet with the member and, if a meeting is held, it must be held as soon as feasible.

• Marginal note:Means of meeting

  (2) Meetings may be held in person or by electronic means, as determined by the decision maker.

• Marginal note:Summary

  (3) At least two days before the date of the meeting, the member must provide the decision maker with a written summary of the intended oral submissions.

• Marginal note:Decision without meeting

  (4) The decision maker may make a decision without meeting with the member if the member fails to attend the meeting without reasonable cause.

Marginal note:Access to information

• 11 (1) The member may submit a written request to the decision maker for access to any written or documentary information that is under the Force’s control, is relevant and is reasonably required by the member to respond to the notice of intent.

• Marginal note:Limits to access

  (2) The decision maker may grant access to the requested information only if

  • (a) the disclosure of the information could not 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 could not reasonably be expected to be injurious to law enforcement;

  • (c) the disclosure is not contrary to a provision of any contract entered into by the Crown;

  • (d) in the case of information about a person’s financial or personal affairs, the person’s interest or security does not outweigh the member’s interest in the information; and

  • (e) the disclosure is not prohibited by law.

Marginal note:Decision

• 12 (1) Once the decision maker has sufficient information, they must, after considering that information, make one of the following decisions:

  • (a) retain the member;

  • (b) revoke the member’s appointment under section 9.2 of the Act;

  • (c) recommend the discharge of the member under paragraph 20.2(1)(d), (f) or (j) of the Act;

  • (d) discharge the member under paragraph 20.2(1)(e), (g) or (k) of the Act;

  • (e) demote the member under paragraph 20.2(1)(e) or (g) of the Act, subject to any conditions that the decision maker may impose.

• Marginal note:Service of decision

  (2) The decision maker must cause a copy of the decision, including the reasons for it, to be served on the member.

• Marginal note:Taking effect

  (3) The decision to demote or discharge a member other than a Deputy Commissioner takes effect immediately. A recommendation to discharge a Deputy Commissioner must be forwarded to the Governor in Council immediately after the expiry of the time referred to in section 36.1 of the Act.