GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Commissioner’s Standing Orders (Grievances and Appeals) — 16
Decision at initial level 16 (1) An adjudicator may dispose of a grievance at the initial level by rendering a decision (a) dismissing the grievance and confirming the decision, act or omission that is the subject of the grievance; or (b) allowing the grievance and (i) remitting the matter, with directions for reconsidering the decision, act or omission, to the respondent or to the person who is responsible for the reconsideration, or (ii) directing any appropriate redress. Considerations (2) An adjudicator, when rendering the decision, must consider whether the decision, act or omission that is the subject of the grievance is consistent with the relevant law, or the relevant Treasury Board or Force policy and, if it is not, whether it has caused a prejudice to the grievor. Non-compliance with direction (3) Despite subsection (2), the adjudicator may, subject to the principles of procedural fairness, dispose of a grievance against the interests of a party that has failed to comply with any of their directions.
Commissioner’s Standing Orders (Grievances and Appeals) — 17
Rescission or amendment of decision 17 (1) An adjudicator who has rendered a decision that disposes of a grievance at the initial level may (a) amend the decision to correct clerical or typographical errors or any errors of a similar nature or to clarify unclear wording; or (b) if the grievance has not been presented at the final level, rescind or amend their decision on the presentation of new facts or on determining that an error of fact or law was made in reaching the decision. Adjudicator’s powers (2) For the purposes of paragraph (1)(b), the adjudicator has the powers set out in section 10 . Opportunity to make submissions (3) Before rescinding or amending the decision under paragraph (1)(b), the adjudicator must give the parties an opportunity to make submissions. Service (4) If the adjudicator rescinds or amends the decision, they must cause a copy of the notice of rescission or a copy of the amended decision to be served on the parties.
Commissioner’s Standing Orders (Grievances and Appeals) — 18
Decision at final level 18 (1) An adjudicator may dispose of a grievance at the final level by rendering a decision (a) dismissing the grievance and confirming the decision rendered at the initial level; or (b) allowing the grievance and (i) remitting the matter, with directions for reconsidering the decision, act or omission, to the respondent or to the person who is responsible for the reconsideration, (ii) remitting the matter, with directions for rendering a new decision to the adjudicator at the initial level or to another adjudicator, or (iii) directing any appropriate redress. Considerations (2) An adjudicator, when rendering the decision, must consider whether the decision at the initial level contravenes the principles of procedural fairness, is based on an error of law or is clearly unreasonable. Non-compliance with direction (3) Despite subsection (2), the adjudicator may, subject to the principles of procedural fairness, dispose of a grievance against the interests of a party that has failed to comply with any of their directions.
Commissioner’s Standing Orders (Grievances and Appeals) — 19
Opportunity to make submissions 19 (1) The adjudicator at the final level must, before rescinding or amending a decision under subsection 32(3) of the Act, give the parties an opportunity to make submissions. Service (2) If the adjudicator rescinds or amends the decision, they must cause a copy of the notice of rescission or a copy of the amended decision to be served on the parties.
Commissioner’s Standing Orders (Grievances and Appeals) — 20
Return of evidence 20 After the disposition of a grievance, the OCGA must cause to be returned to a party anything that the party tendered as evidence.
Commissioner’s Standing Orders (Grievances and Appeals) — 21
Definitions 21 The following definitions apply in this Part. appeal means an appeal made under section 45.11 of the Act. ( appel ) appellant means the member or conduct authority who makes the appeal. ( appelant ) parties means the appellant and the respondent. ( parties ) respondent means (a) in the case of an appeal of a conduct board’s decision, (i) if the appellant is the member who is the subject of the conduct board’s decision, the conduct authority who initiated the hearing by the conduct board or, if that conduct authority is absent or unable to act, the conduct authority who replaces them, or (ii) if the appellant is the conduct authority who initiated the hearing by the conduct board, the member who is the subject of the conduct board’s decision; (b) in the case of an appeal of a conduct authority’s decision, the conduct authority or, if that conduct authority is absent or unable to act, the conduct authority who replaces them; or (c) in the case of an appeal that has been consolidated with another appeal, the person designated under paragraph 29 (c) or (d). ( intimé )
Commissioner’s Standing Orders (Grievances and Appeals) — Commissioner’s Standing Orders (Grievances and Appeals)
appeal means an appeal made under section 45.11 of the Act. ( appel )
Commissioner’s Standing Orders (Grievances and Appeals) — Commissioner’s Standing Orders (Grievances and Appeals)
appellant means the member or conduct authority who makes the appeal. ( appelant )
Commissioner’s Standing Orders (Grievances and Appeals) — Commissioner’s Standing Orders (Grievances and Appeals)
parties means the appellant and the respondent. ( parties )
Commissioner’s Standing Orders (Grievances and Appeals) — (a)
respondent means (a) in the case of an appeal of a conduct board’s decision, (i) if the appellant is the member who is the subject of the conduct board’s decision, the conduct authority who initiated the hearing by the conduct board or, if that conduct authority is absent or unable to act, the conduct authority who replaces them, or (ii) if the appellant is the conduct authority who initiated the hearing by the conduct board, the member who is the subject of the conduct board’s decision; (b) in the case of an appeal of a conduct authority’s decision, the conduct authority or, if that conduct authority is absent or unable to act, the conduct authority who replaces them; or (c) in the case of an appeal that has been consolidated with another appeal, the person designated under paragraph 29 (c) or (d). ( intimé )
Commissioner’s Standing Orders (Grievances and Appeals) — 22
Statement of appeal 22 An appeal to the Commissioner must be made by filing a statement of appeal with the OCGA within 14 days after the day on which copy of the decision giving rise to the appeal is served on the member who is the subject of that decision. The statement must be accompanied by a copy of the decision that is being appealed and include the following information: (a) the appellant’s name and, if any, their employee number; (b) a concise statement of the grounds on which the appeal is based; and (c) the particulars concerning the redress requested.
Commissioner’s Standing Orders (Grievances and Appeals) — 23
Requests under subsection 45.15(3) of Act 23 (1) Any request made by a member to the Commissioner not to refer a case to the Committee under subsection 45.15(3) of the Act must be filed in writing, with supporting reasons, with the OCGA within 14 days after the day on which (a) the member is served with a copy of the decision giving rise to the appeal, if the member is the appellant; or (b) the member is served with a copy of the statement of appeal, if the member is the respondent. Service of decision (2) The Commissioner must cause a copy of his or her decision to be served on the member.
Commissioner’s Standing Orders (Grievances and Appeals) — 24
Obligation to file material 24 In the case of an appeal by a member of a decision rendered by a conduct authority, the respondent must, as soon as feasible after being served with the statement of appeal, file with the OCGA the material that was before the conduct authority when the decision was rendered.
Commissioner’s Standing Orders (Grievances and Appeals) — 25
Supporting documents 25 (1) The OCGA must provide the appellant with an opportunity to file written submissions and other documents in support of their appeal. Restriction (2) The appellant is not entitled to (a) file any document that was not provided to the person who rendered the decision that is the subject of the appeal if it was available to the appellant when the decision was rendered; or (b) include in their written submissions any new information that was known or could reasonably have been known by the appellant when the decision was rendered.
Commissioner’s Standing Orders (Grievances and Appeals) — 26
Service of documents 26 After receiving the statement of appeal and any written submission or other document filed by a party, the OCGA must cause a copy of each one to be served on the other party.
Commissioner’s Standing Orders (Grievances and Appeals) — 27
Response to submissions — appeal of conduct authority decision 27 In the case of an appeal of a decision rendered by a conduct authority, the respondent may file with the OCGA, if the respondent is permitted to do so by the Commissioner due to exceptional circumstances, a written response to the appellant’s submissions and the appellant may file with the OCGA a written reply to that response.
Commissioner’s Standing Orders (Grievances and Appeals) — 28
Response to submissions — appeal of conduct board decision 28 In the case of an appeal of a decision rendered by a conduct board, the respondent may file with the OCGA a written response to the appellant’s submissions and the appellant may file with the OCGA a written rebuttal to that response.
Commissioner’s Standing Orders (Grievances and Appeals) — 29
Commissioner’s powers 29 The Commissioner, when considering an appeal, has the power to decide all matters related to the appeal, including the power (a) to render a single decision in respect of the appeal and any other substantially similar appeal that is being considered by the Commissioner; (b) to consolidate the appeal with any other appeal of the same decision; (c) to consolidate the appeal of an appellant with the appeal of any other appellant that is being considered by the Commissioner, with the consent of the appellants, and to designate the respondent for the consolidated appeal; (d) to consolidate the appeal with any other appeal of the appellant that is being considered by the Commissioner and to designate the respondent for the consolidated appeal; and (e) to extend the time limit referred to in section 22 and subsection 23 (1) in exceptional circumstances.
Commissioner’s Standing Orders (Grievances and Appeals) — 30
Conduct of appeal 30 (1) The Commissioner must render his or her decision in respect of an appeal or any matter arising in the context of the appeal as informally and expeditiously as the principles of procedural fairness permit. Matters not provided for (2) If any matter arises in the context of an appeal that is not otherwise provided for in the provisions of the Act, the Regulations or this Part, the Commissioner may give any direction that is appropriate. Power to remedy — non-compliance (3) The Commissioner may remedy any failure by any party to comply with any provision of this Part.
Commissioner’s Standing Orders (Grievances and Appeals) — 31
Withdrawal of appeal 31 An appellant may withdraw their appeal by a written notice to the OCGA before it is disposed of in writing.
Commissioner’s Standing Orders (Grievances and Appeals) — 32
Evidence 32 The Commissioner, when considering an appeal or any matter arising in the context of an appeal, may accept any evidence submitted by a party.
Commissioner’s Standing Orders (Grievances and Appeals) — 33
Decision of Commissioner 33 (1) The Commissioner, when rendering a decision as to the disposition of the appeal, must consider whether the decision that is the subject of the appeal contravenes the principles of procedural fairness, is based on an error of law or is clearly unreasonable. Non-compliance with direction (2) Despite subsection (1), the Commissioner may, subject to the principles of procedural fairness, dispose of an appeal against the interests of a party that has failed to comply with any of his or her directions.
Commissioner’s Standing Orders (Grievances and Appeals) — 34
Service of decision 34 The Commissioner must cause a copy of the decision referred to in subsection 45.16(7) of the Act to be served on the parties.
Commissioner’s Standing Orders (Grievances and Appeals) — 35
Opportunity to make submissions 35 (1) Before rescinding or amending a decision under subsection 45.16(10) of the Act, the Commissioner must give the parties an opportunity to make submissions. Service (2) If the Commissioner rescinds or amends the decision, he or she must cause a copy of the notice of rescission or a copy of the amended decision to be served on the parties.
Commissioner’s Standing Orders (Grievances and Appeals) — 36
Definitions 36 The following definitions apply in this Part. adjudicator means a person designated as an adjudicator by the Commissioner. ( arbitre ) appeal means an appeal referred to in section 37 . ( appel ) appellant means the member who makes an appeal or the former member who makes an appeal of their discharge from the Force. ( appelant ) parties means the appellant and the respondent. ( parties ) respondent means (a) in the case of an appeal that has not been consolidated with any other appeal, the person who rendered the written decision that is the subject of the appeal or, if that person is absent or unable to act, the person who replaces them; or (b) in the case of an appeal that has been consolidated with another appeal, the person designated under paragraph 43 (b) or (c). ( intimé )
Commissioner’s Standing Orders (Grievances and Appeals) — Commissioner’s Standing Orders (Grievances and Appeals)
adjudicator means a person designated as an adjudicator by the Commissioner. ( arbitre )
Commissioner’s Standing Orders (Grievances and Appeals) — Commissioner’s Standing Orders (Grievances and Appeals)
appeal means an appeal referred to in section 37 . ( appel )
Commissioner’s Standing Orders (Grievances and Appeals) — Commissioner’s Standing Orders (Grievances and Appeals)
appellant means the member who makes an appeal or the former member who makes an appeal of their discharge from the Force. ( appelant )
Commissioner’s Standing Orders (Grievances and Appeals) — (a)
respondent means (a) in the case of an appeal that has not been consolidated with any other appeal, the person who rendered the written decision that is the subject of the appeal or, if that person is absent or unable to act, the person who replaces them; or (b) in the case of an appeal that has been consolidated with another appeal, the person designated under paragraph 43 (b) or (c). ( intimé )
Commissioner’s Standing Orders (Grievances and Appeals) — 37
Application 37 This Part provides the process for appeals (a) of a written decision that is made in the course of a selection process for the promotion of a member to a higher rank or that is in respect of a job requirement established for a position, other than an official languages requirement; (b) of the written decision referred to in subsection 9(2) of the Commissioner’s Standing Orders (General Administration) ; (c) of the written decisions referred to in subsection 20(1) of the Commissioner’s Standing Orders (Employment Requirements) ; (d) of the directive referred to in subsection 20(2) of the Commissioner’s Standing Orders (Employment Requirements) ; and (e) of the written decisions referred to in subsection 32(1) of the Commissioner’s Standing Orders (Conduct) . SOR/2022-259, s. 3
Commissioner’s Standing Orders (Grievances and Appeals) — 38
Statement of appeal 38 For the purpose of the provisions referred to in section 37 , an appeal must be made by filing a statement of appeal with the OCGA within 14 days after the day on which a copy of the decision giving rise to the appeal is served on the member who is the subject of that decision. The statement must be accompanied by a copy of the decision that is being appealed and include the following information: (a) the appellant’s name and employee number; (b) a concise statement of the reasons why the appellant is of the opinion that the decision that is the subject of the appeal contravenes the principles of procedural fairness, is based on an error of law or is clearly unreasonable; and (c) particulars concerning the redress requested.
Commissioner’s Standing Orders (Grievances and Appeals) — 39
Obligation to file material 39 The respondent must, as soon as feasible after being served with the statement of appeal, file with the OCGA the material that was before the person who rendered the written decision that is the subject of the appeal when that decision was rendered.
Commissioner’s Standing Orders (Grievances and Appeals) — 40
Supporting documents 40 (1) The OCGA must provide the appellant with an opportunity to file written submissions and other documents in support of their appeal. Restriction (2) The appellant is not entitled to (a) file any document that was not provided to the person who rendered the decision that is the subject of the appeal if it was available to the appellant when the decision was rendered; or (b) include in their written submissions any new information that was known or could reasonably have been known by the appellant when the decision was rendered.
Commissioner’s Standing Orders (Grievances and Appeals) — 41
Service of documents 41 After receiving the statement of appeal and any written submission or other document filed by a party, the OCGA must cause a copy of each one to be served on the other party.
Commissioner’s Standing Orders (Grievances and Appeals) — 42
Informal resolution 42 (1) The parties may, until the adjudicator disposes of an appeal in writing, attempt to resolve the matters in dispute by way of an informal resolution process. Agreements for informal resolution (2) On request by a party, the adjudicator who is considering an appeal may (a) review a proposed agreement for the informal resolution of the appeal; (b) approve an agreement by the parties for the informal resolution of the appeal; and (c) resolve any issues or concerns relating to the implementation of the agreement. Communications confidential and without prejudice (3) Any communications that pass among persons as a part of an informal resolution process are confidential, without prejudice to the parties and must not be disclosed unless the disclosure is (a) agreed to by the parties; (b) required by law; (c) required for the purpose of reaching or implementing an agreement made as a part of the process; or (d) required to protect the health or safety of any person.
Commissioner’s Standing Orders (Grievances and Appeals) — 43
Adjudicator’s powers 43 An adjudicator, when considering an appeal, has the power to decide all matters related to the appeal, including the power (a) to render a single decision in respect of the appeal and any other substantially similar appeal that is being considered by the adjudicator; (b) to consolidate the appeal of an appellant with the appeal of any other appellant that is being considered by the adjudicator, with the consent of the appellants, and to designate the respondent for the consolidated appeal; (c) to consolidate the appeal with any other appeal of the appellant that is being considered by the adjudicator and to designate the respondent for the consolidated appeal; and (d) to extend the time limit referred to in section 38 in exceptional circumstances.
Commissioner’s Standing Orders (Grievances and Appeals) — 44
Conduct of appeal 44 (1) An adjudicator must render their decision in respect of an appeal or any matter arising in the context of the appeal as informally and expeditiously as the principles of procedural fairness permit. Matters not provided for (2) If any matter arises in the context of an appeal that is not otherwise provided for in the provisions of the Act, the Regulations or this Part, the adjudicator may give any direction that is appropriate. Power to remedy — non-compliance (3) The adjudicator may remedy any failure by any party to comply with any provision of this Part.
Commissioner’s Standing Orders (Grievances and Appeals) — 45
Withdrawal of appeal 45 An appellant may withdraw their appeal by a written notice to the OCGA before it is disposed of in writing.
Commissioner’s Standing Orders (Grievances and Appeals) — 46
Evidence 46 The adjudicator, when considering an appeal or any matter arising in the context of an appeal, may accept any evidence submitted by a party.
Commissioner’s Standing Orders (Grievances and Appeals) — 47
Adjudicator’s decision 47 (1) An adjudicator may dispose of an appeal by rendering a decision (a) dismissing the appeal and confirming the decision being appealed; or (b) allowing the appeal and (i) remitting the matter, with directions for rendering a new decision to the decision maker who rendered the decision being appealed or to another decision maker, or (ii) directing any appropriate redress. Decision in writing (2) An adjudicator considering an appeal must, as soon as feasible, render a decision in writing that disposes of the appeal and includes reasons for the decision. The decision is final and binding. Considerations (3) An adjudicator, when rendering the decision, must consider whether the decision that is the subject of the appeal contravenes the principles of procedural fairness, is based on an error of law or is clearly unreasonable. Non-compliance with direction (4) Despite subsection (3), the adjudicator may, subject to the principles of procedural fairness, dispose of an appeal against the interests of a party that has failed to comply with any of their directions. Decision rendered in absence of Committee recommendations (5) If an appeal has been referred to the Committee under section 17 of the Regulations, the adjudicator may render a decision on the appeal in the absence of any findings or recommendations made by the Committee if the Committee Chairperson indicates to the OCGA that the Committee will not be making any or if the Committee does not make any within a reasonable time. Adjudicator not bound (6) The adjudicator is not bound to act on any findings or recommendations made by the Committee but, if the adjudicator does not so act, the adjudicator must include in the decision on the appeal the reasons for not so acting. Service of decision on parties (7) The adjudicator must cause a copy of the decision to be served on the parties. Service of decision on Committee (8) If the appeal has been referred to the Committee under section 17 of the Regulations, the adjudicator must cause a copy of the decision to be served on the Committee Chairperson.
Commissioner’s Standing Orders (Grievances and Appeals) — 48
Rescission or amendment of decision 48 (1) An adjudicator may (a) amend their decision to correct clerical or typographical errors or any errors of a similar nature or to clarify unclear wording; or (b) rescind or amend their decision on the presentation of new facts or on determining that an error of fact or law was made in reaching the decision. Adjudicator’s powers (2) For the purpose of paragraph (1)(b), the adjudicator has the powers set out in section 43 and subsection 47 (1). Opportunity to make submissions (3) Before rescinding or amending the decision under paragraph (1)(b), the adjudicator must give the parties an opportunity to make submissions. Service (4) If the adjudicator rescinds or amends the decision, they must cause a copy of the notice of rescission or a copy of the amended decision to be served on the parties and, if the appeal has been referred to the Committee under section 17 of the Regulations, on the Committee Chairperson.
Commissioner’s Standing Orders (Grievances and Appeals) — 49
Return of evidence 49 After the disposition of an appeal, the OCGA must cause to be returned to a party anything that the party tendered as evidence.