GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Commissioner’s Standing Orders (Grievances and Appeals) — 50
Request not to refer 50 (1) An appellant requesting that their appeal not be referred to the Committee under section 17 of the Regulations must, when they make their appeal, submit to the OCGA a written request that includes supporting reasons. Transmission of request (2) The OCGA must forward the request and a copy of the statement of appeal to the adjudicator who is considering the appeal. Adjudicator’s decision (3) The adjudicator may allow the request or, if the adjudicator considers that a reference to the Committee is appropriate, reject it. Transmission of decision (4) The adjudicator must render a decision in writing on the request, including reasons for the decision, as soon as feasible, and send a copy of the decision to the OCGA. Service of decision (5) The OCGA must cause a copy of the adjudicator’s decision to be served on the parties. Material to be provided to Committee (6) If the adjudicator refers an appeal to the Committee in accordance with section 17 of the Regulations, the OCGA must provide the Committee Chairperson with (a) in the case of an appeal of a decision referred to in paragraph 17(a) of the Regulations, the material that was before the decision maker when the decision was rendered; and (b) in the case of an appeal of a decision referred to in any of paragraphs 17(b) to (e) of the Regulations, the material that was before the Commissioner when the decision was rendered.
Commissioner’s Standing Orders (Grievances and Appeals) — 51
Registration 51 These Standing Orders come into force on the day on which they are registered.
Commissioner’s Standing Orders (Grievances and Appeals) — 4
4 Part 1 of the Commissioner’s Standing Orders (Grievances and Appeals) continues to apply to a grievance of a written decision referred to in paragraph 37(a) of those Standing Orders, if the grievance was presented before the day on which these Standing Orders come into force.
Commissioner’s Standing Orders (Grievances and Appeals) — 112
Terminology change — English version 112 Unless the context requires otherwise, every reference to “Force” is replaced by a reference to “RCMP” in the English version of every Act of Parliament and the English version of every order, regulation or other instrument made under an Act of Parliament.
Commissioner’s Standing Orders (Conduct) — a
The Commissioner of the Royal Canadian Mounted Police, pursuant to paragraphs 21(2)(k) to (m) a , sections 39.1 b and 39.2 b and subsections 46(4) c and 47.1(3) d of the Royal Canadian Mounted Police Act e , makes the annexed Commissioner’s Standing Orders (Conduct) . a S.C. 2013, c. 18, s. 14(2) b S.C. 2013, c. 18, s. 29 c S.C. 2013, c. 18, s. 36(2) d S.C. 2013, c. 18, s. 37 e R.S., c. R-10
Commissioner’s Standing Orders (Conduct) — Commissioner’s Standing Orders (Conduct)
Ottawa, November 25, 2014 BOB PAULSON Commissioner of the Royal Canadian Mounted Police
Commissioner’s Standing Orders (Conduct) — 1
Definitions 1 The following definitions apply in these Standing Orders. Act means the Royal Canadian Mounted Police Act . ( Loi ) conduct process means any of the administrative actions, decisions or processes provided for by the Act, the Regulations, the Commissioner’s Standing Orders or the Force’s policies relating to an alleged contravention of the Code of Conduct by a member. ( processus disciplinaire ) parties means the parties referred to in subsection 45.1(1) of the Act. ( parties ) Regulations means the Royal Canadian Mounted Police Regulations, 2014 . ( Règlement ) subject member means a member who is the subject of a conduct process. ( membre visé )
Commissioner’s Standing Orders (Conduct) — Commissioner’s Standing Orders (Conduct)
Act means the Royal Canadian Mounted Police Act . ( Loi )
Commissioner’s Standing Orders (Conduct) — Commissioner’s Standing Orders (Conduct)
conduct process means any of the administrative actions, decisions or processes provided for by the Act, the Regulations, the Commissioner’s Standing Orders or the Force’s policies relating to an alleged contravention of the Code of Conduct by a member. ( processus disciplinaire )
Commissioner’s Standing Orders (Conduct) — Commissioner’s Standing Orders (Conduct)
parties means the parties referred to in subsection 45.1(1) of the Act. ( parties )
Commissioner’s Standing Orders (Conduct) — Commissioner’s Standing Orders (Conduct)
Regulations means the Royal Canadian Mounted Police Regulations, 2014 . ( Règlement )
Commissioner’s Standing Orders (Conduct) — Commissioner’s Standing Orders (Conduct)
subject member means a member who is the subject of a conduct process. ( membre visé )
Commissioner’s Standing Orders (Conduct) — 2
Designation as conduct authorities 2 (1) The following persons, subject to any requirements that may be established by the Commissioner under subsection (2), are designated as conduct authorities in respect of the members who are under their command: (a) members who are in command of a detachment and persons who report directly to an officer or to a person who holds an equivalent managerial position; (b) officers, or persons who hold equivalent managerial positions; and (c) officers who are in command of a Division. Requirements (2) The Commissioner may establish the requirements that a person must meet before acting as a conduct authority. Revocation (3) The Commissioner may revoke the designation of a person as a conduct authority by written notice. The revocation takes effect as soon as the notice is served on the person. Suspension of conduct process (4) At the time of the revocation, any conduct process that is the responsibility of the conduct authority is suspended until another conduct authority takes responsibility for the conduct process. Compliance with Public Servants Disclosure Protection Act (5) If a person who is designated as a conduct authority is a senior officer, as defined in subsection 2(1) of the Public Servants Disclosure Protection Act , the person must administer the conduct process in a manner that complies with that Act.
Commissioner’s Standing Orders (Conduct) — 3
Remedial conduct measures 3 (1) A conduct authority who is referred to in paragraph 2 (1)(a) may impose one or more of the following remedial conduct measures against a subject member: (a) an admonishment; (b) a direction to work under close supervision for a period of not more than one year; (c) a direction to undergo training; (d) a direction to undergo medical treatment as specified by a Health Services Officer; (e) a direction to attend counselling sessions or complete a rehabilitative program; (f) a direction to complete a program or engage in an activity; (g) a removal, restriction or modification of duties as specified by the conduct authority for a period of not more than one year; (h) a reassignment to another position not involving a relocation or demotion; (i) a reprimand; (j) a financial penalty of not more than eight hours of the member’s pay, deducted from the member’s pay. Conduct measure by agreement (2) The conduct authority and the subject member may agree on the imposition of any other conduct measure, other than a financial penalty or a corrective or serious conduct measure.
Commissioner’s Standing Orders (Conduct) — 4
Corrective conduct measures 4 A conduct authority referred to in paragraph 2 (1)(b) may impose, in addition to the remedial conduct measures set out in section 3 , one or more of the following corrective conduct measures against a subject member: (a) an ineligibility for promotion for a period of not more than one year; (b) a deferment of pay increment for a period of not more than one year; (c) a suspension from duty without pay for a period of not more than 80 hours; (d) a financial penalty of not more than 80 hours of the member’s pay, deducted from the member’s pay; (e) a forfeiture of annual leave for a period of not more than 80 hours; (f) any combination of the measures referred to in paragraphs (c) to (e) totalling not more than 80 hours.
Commissioner’s Standing Orders (Conduct) — 5
Serious conduct measures 5 (1) A conduct authority referred to in paragraph 2 (1)(c) may impose, in addition to any remedial and corrective conduct measures, one or more of the following serious conduct measures against a subject member: (a) a removal, restriction or modification of duties as specified by the conduct authority for a period of not more than three years; (b) an ineligibility for promotion for a period of not more than three years; (c) a deferment of pay increment for a period of not more than two years; (d) a reduction to the next lower rate of pay for a period of not more than two years; (e) a demotion for a period of not more than three years; (f) a demotion for an indefinite period; (g) a transfer to another work location; (h) a suspension from duty without pay; (i) a forfeiture of annual leave for a period of not more than 160 hours; (j) a financial penalty deducted from the member’s pay. Effect of demotion (2) In the case of the demotion referred to in paragraph (1)(e), the member’s rate of pay reverts, on the expiration of the period of demotion, to the rate of pay that the member received before the demotion, subject to any adjustments applicable to that rank or level. Conduct boards and persons designated by Commissioner (3) Conduct boards and persons who are designated as conduct authorities by the Commissioner under subsection 2(3) of the Act may impose any of the measures referred to in subsection 5 (1) against a subject member.
Commissioner’s Standing Orders (Conduct) — 6
Ineligibility for promotion 6 (1) If a conduct measure is imposed under any of paragraphs 4 (b) and 5 (1)(c) to (e), the subject member is ineligible for promotion for the period set by the conduct authority. Demotion under paragraph 5 (1)(f) (2) A conduct authority who imposes a demotion under paragraph 5 (1)(f) must specify the period, up to a maximum of three years, during which the subject member is ineligible for promotion.
Commissioner’s Standing Orders (Conduct) — 7
Calculation of financial penalty 7 (1) For the purpose of sections 3 to 5 , a financial penalty is to be calculated based on the subject member’s substantive rank or level on the day on which the penalty is imposed. Collection (2) The Commissioner may determine the manner in which a financial penalty is to be collected, if necessary, to avoid causing the member undue financial hardship.
Commissioner’s Standing Orders (Conduct) — 8
Written decision 8 A conduct authority must cause to be served on the subject member a copy of their decision setting out any findings in respect of the alleged contravention of the Code of Conduct, any conduct measure imposed in respect of that contravention and the reasons for the decision. The decision takes effect as soon as it is served.
Commissioner’s Standing Orders (Conduct) — 9
Designation of review authority 9 (1) The Commissioner may designate a person to be a review authority in respect of decisions made by conduct authorities and as the conduct authority in respect of the subject member for any decision that the review authority decides to review. Reason for review (2) A review authority may, on their own initiative, review a decision to determine if a finding is clearly unreasonable or a conduct measure is clearly disproportionate to the nature and circumstances of the contravention. Power of review authority (3) If the review authority makes the determination that a finding is clearly unreasonable or a conduct measure is clearly disproportionate and if it is in the public interest to do so, the review authority may (a) rescind any finding made by the conduct authority that the subject member has not contravened the Code of Conduct, substitute for that finding a finding that the subject member has contravened the Code of Conduct and impose any one or more of the conduct measures referred to in subsection 5 (1) that is proportionate to the nature and circumstances of the contravention; (b) rescind or amend any conduct measure imposed by the conduct authority, or substitute any one or more of the measures referred to in subsection 5 (1) that is proportionate to the nature and circumstances of the contravention; or (c) rescind any conduct measure imposed by the conduct authority and initiate a hearing in accordance with subsection 41(1) of the Act.
Commissioner’s Standing Orders (Conduct) — 10
Service of notice 10 (1) If a review authority intends to substitute another finding for one that was made by the conduct authority, amend any imposed conduct measure or substitute another measure for one that was imposed by the conduct authority, the review authority must cause to be served on the subject member a notice informing the member of this intention. Submissions (2) The member may, within 14 days after the day on which they are served with the notice, provide the review authority with written submissions.
Commissioner’s Standing Orders (Conduct) — 11
Decision 11 (1) The review authority must render a decision in writing as soon as feasible after considering the subject member’s submissions, and cause a copy of it to be served on the member. Reasons (2) If the review authority renders a decision under paragraph 9 (3)(a) or (b), the reasons for the decision must be included. Taking effect (3) The decision takes effect as soon as it is served.
Commissioner’s Standing Orders (Conduct) — 12
Information previously provided 12 If a review authority initiates a hearing, any decisions rendered by the conduct authority and information received by the conduct authority or review authority from or on behalf of the subject member during the conduct process and not forming a part of the investigation, including any admission, must not be provided to the conduct board and the board must not consider the information, unless the member requests that it be considered.
Commissioner’s Standing Orders (Conduct) — 13
Conduct hearing 13 (1) Proceedings before a conduct board must be dealt with by the board as informally and expeditiously as the principles of procedural fairness permit. Adaptation of rules (2) The conduct board may adapt these rules of procedure if the principles of procedural fairness permit. Non-compliance with rules (3) The conduct board may remedy any failure to comply with these rules of procedure, including by setting aside a proceeding either wholly or in part, in accordance with the principles of procedural fairness. Matters not provided for (4) If any matter arises in the proceedings that is not otherwise provided for in the Act, the Regulations or these Standing Orders, the conduct board may give any direction that it considers appropriate.
Commissioner’s Standing Orders (Conduct) — 14
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.
Commissioner’s Standing Orders (Conduct) — 15
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. 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. 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. Further investigation (4) A subject member may request that the conduct board cause a further investigation to be made. 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. 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.
Commissioner’s Standing Orders (Conduct) — 16
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. 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.
Commissioner’s Standing Orders (Conduct) — 17
Motions 17 (1) A party may bring a motion before the conduct board at any time. 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. 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. 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.
Commissioner’s Standing Orders (Conduct) — 18
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. 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. 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. 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.
Commissioner’s Standing Orders (Conduct) — 19
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. 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. 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.
Commissioner’s Standing Orders (Conduct) — 20
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. Deemed denial (2) If a member does not admit or deny an allegation, the member is deemed to have denied the allegation. 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.
Commissioner’s Standing Orders (Conduct) — 21
Adjournment 21 The conduct board may, if necessary, adjourn the hearing for up to 30 days or, in exceptional circumstances, for a longer period.
Commissioner’s Standing Orders (Conduct) — 22
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.
Commissioner’s Standing Orders (Conduct) — 23
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. 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.
Commissioner’s Standing Orders (Conduct) — 24
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). 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.
Commissioner’s Standing Orders (Conduct) — 25
Decision 25 (1) The conduct board must render a decision as soon as feasible after the hearing. 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. 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.
Commissioner’s Standing Orders (Conduct) — 26
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.
Commissioner’s Standing Orders (Conduct) — 27
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. 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.
Commissioner’s Standing Orders (Conduct) — 28
Written waiver 28 Any waiver by a subject member of a right under these Standing Orders must be made in writing.