Interpretation

1 The definitions in this section apply in these Standing Orders.

Act

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

appropriate officer representative

appropriate officer representative means a full-time member of an Appropriate Officer Representative Section. (représentant des officiers compétents)

Appropriate Officer Representative Section

Appropriate Officer Representative Section means a unit within the Force that provides representation or assistance to appropriate officers. (Section des représentants des officiers compétents)

Committee

Committee means the Royal Canadian Mounted Police External Review Committee established by section 25 of the Act. (Comité)

member representative

member representative means a full-time member of a Member Representative Unit. (représentant des membres)

Member Representative Unit

Member Representative Unit means a unit within the Force that reports to the Staff Relations Program Officer within the Headquarters of the Force and that provides representation or assistance to any member who

• (a) is subject to formal disciplinary action under Part IV of the Act;

• (b) is subject to discharge and demotion proceedings under Part V of the Act;

• (c) is a party to a hearing before the Committee; or

• (d) is presenting a grievance relating to their administrative discharge for grounds specified in paragraph 19(a), (f) or (i) of the Royal Canadian Mounted Police Regulations, 1988. (Groupe des représentants des membres)

Staff Relations Program Officer

Staff Relations Program Officer means the officer appointed by the Commissioner to be responsible for the administration and management of the Division Staff Relations Representative Program established under section 96 of the Royal Canadian Mounted Police Regulations, 1988. (agent du Programme des relations fonctionnelles)

Excluded Members

2 For the purpose of paragraph 47.1(3)(a) of the Act, the following members may not represent or assist another member in a grievance, proceeding, preparation or appeal referred to in subsection 47.1(1) of the Act:

• (a) a member who is a Division Staff Relations representative posted in a division other than the division in which the member who wishes to be represented or assisted is posted;

• (b) a member exercising full-time adjudicative functions under the Act; and

• (c) an appropriate officer representative, if the member who wishes to be represented or assisted is not an appropriate officer.

3 For the purpose of paragraph 47.1(3)(b) of the Act, the Staff Relations Program Officer shall not authorize a member to represent or assist another member in a grievance, proceeding, preparation or appeal referred to in subsection 47.1(1) of the Act if

• (a) representation or assistance by the member could result in a situation of conflict of interests;

• (b) representation or assistance by the member could impair the efficiency, administration or good government of the Force;

• (c) the member is a member representative and representation or assistance by the member is sought for functions other than those of the Member Representative Unit;

• (d) the member is posted in a division other than the division in which the member who wishes to be represented or assisted is posted, unless the Staff Relations Program Officer authorizes the representation or assistance on the grounds that

  • (i) the member who wishes to be represented or assisted has, without success, made every reasonable effort to obtain representation or assistance from a member who is posted in the same division as the member,

  • (ii) no member from the Member Representative Unit is available to represent or assist the member, and

  • (iii) representation or assistance by the member from whom it is sought is reasonable under the circumstances, having regard to

    • (A) the availability of the member,

    • (B) the distance between the posts of the two members, and

    • (C) the financial cost to the Force of the representation or assistance;

• (e) the member who wishes to be represented or assisted is a witness before the Committee, unless that member is the subject of a separate formal disciplinary action arising from the same matter being considered by the Committee; or

• (f) the member who wishes to be represented or assisted is an interested person but not a party in a matter before a board of inquiry or the Committee.

4 If the Staff Relations Program Officer refuses to authorize representation or assistance under section 3, that Officer shall provide a notice to that effect, including the reasons, to the member who wishes to be represented or assisted.

Redress

• 5 (1) Within 14 days after receiving the notice referred to in section 4, the member who wishes to be represented or assisted may submit to the Staff Relations Program Officer an application with supporting documentation to have the refusal reviewed by an officer designated by the Commissioner.

• (2) The designated officer shall render a final and binding decision that

  • (a) confirms the refusal; or

  • (b) overturns the refusal and is appropriate in the circumstances and in accordance with section 3.

Repeal

6 The Commissioner’s Standing Orders (Representation)Footnote ¹ are repealed.

• Return to footnote ¹SOR/88-365; SOR/92-339

Coming into Force

7 These Standing Orders come into force on August 11, 1997.