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

Marginal note:Decision

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

  • (a) retain the member on probation, subject to any terms and conditions that the decision maker may impose;

  • (b) discharge the member on probation.

• 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 on probation.

PART 4Organization and Administration

Marginal note:Qualifications

18 In addition to meeting the qualifications set out in section 9.1 of the Act, a person who is appointed as a member other than an officer must be proficient in one of the official languages of Canada and be 19 years of age or older.

Marginal note:Medical examinations

19 A member who is required to undergo a medical examination or an assessment by a qualified person for the purpose of paragraph 20.2(1)(c) of the Act must

• (a) present themselves to the qualified person on the dates and at the times specified by that person, including for the purpose of any follow-up appointments; and

• (b) undergo any tests, examinations or other assessments required by the qualified person to establish the member’s ability to perform their duties or to participate in a conduct related proceeding, as the case may be.

PART 5Process for Redress

Marginal note:Redress for certain written decisions

• 20 (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) a written decision under section 9.2 of the Act to revoke a member’s appointment;

  • (b) a written decision under subsection 9.4(1) of the Act to discharge a member while the member is on probation;

  • (c) a written decision under paragraph 20.2(1)(e) or (g) of the Act to discharge or demote a member;

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

  • (e) a written decision under paragraph 22(2)(a) or (c) of the Act to direct that a member’s pay and allowances be stopped.

• Marginal note:Redress for directive

  (2) A member who is aggrieved by a directive to require the member to undergo a medical examination or assessment under paragraph 20.2(1)(c) of the Act may seek redress by means of an appeal of the directive in accordance with the Commissioner’s Standing Orders (Grievances and Appeals).

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

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

• Marginal note:Effect of appeal

  (4) An appeal made under this section does not stay the execution of the written decisions or of the directive being appealed, or any related process.

PART 6Coming into Force

Marginal note:Registration

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