Commissioner’s Standing Orders (Classification Redress Process for Members)

Link to law: http://laws-lois.justice.gc.ca/eng/regulations/SOR-2001-248/FullText.html

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Commissioner’s Standing Orders (Classification Redress Process for Members)

SOR/2001-248ROYAL CANADIAN MOUNTED POLICE ACT
Registration 2001-07-04
Commissioner’s Standing Orders (Classification Redress Process for Members)The Commissioner of the Royal Canadian Mounted Police, pursuant to subsections 21(2)Footnote a and 31(1)Footnote b of the Royal Canadian Mounted Police Act, hereby makes the annexed Commissioner’s Standing Orders (Classification Redress Process for Members).

Return to footnote aR.S., c. 8 (2nd Supp.), s. 12
Return to footnote bR.S., c. 8 (2nd Supp.), s. 16

July 1, 2001Interpretation

1 The following definitions apply in these Standing Orders.

Act
Act means the Royal Canadian Mounted Police Act. (Loi)
coordinator
coordinator means the person designated as such by the Commissioner. (coordonnateur)
decision maker

decision maker means

(a) the Commissioner,

(i) in the case of a request for review based on a decision, act or omission made in the course of the classification of a position at the Executive level, or
(ii) in the case of a request for review when the corrective relief requested is reclassification of a position to the Executive level;

(b) the person designated as such by the Commissioner,

(i) in the case of a request for review based on a decision, act or omission made in the course of the classification of a position at the Inspector or Superintendent rank, or
(ii) in the case of a request for review when the corrective relief requested is reclassification of a position to the Inspector or Superintendent rank; and

(c) the coordinator, in the case of a request for review based on a decision, act or omission made in the course of the classification of a position at any level or rank other than the Executive level or the Inspector or Superintendent rank. (décideur)

Application

2 (1) These Standing Orders apply instead of Part III of the Act to the presentation and resolution of all grievances based on a decision, act or omission made in the course of the classification of a position, which decision, act or omission is in respect of

(a) the group to which the position has been allocated;
(b) the rating, level or rank attributed to the position; or
(c) the effective date of the classification of the position.

(2) These Standing Orders apply only to the resolution of grievances initiated in accordance with these Standing Orders on or after the day on which these Standing Orders come into force.

Process for Review

Request for Review

3 A member may request the review of a decision, act or omission made in the course of the classification of the position to which the member is posted, by submitting a request for classification review to the coordinator within 45 days after the day on which the member knew or reasonably ought to have known of the decision, act or omission.

4 The request for review shall be in writing and shall specify each of the following:

(a) the name of the member and the title of the position to which the member is posted;
(b) the decision, act or omission in question;
(c) the corrective relief requested; and
(d) the date on which the member knew of the decision, act or omission.

Classification Review Committee

5 (1) As soon as possible after receiving a request for review, the coordinator shall appoint a chairperson of the classification review committee.
(2) The chairperson of the committee shall be a person designated by the Commissioner as an Accredited Classification Analyst/Consultant.
(3) The chairperson shall select two other persons to serve on the committee who are trained in the use of the classification standard for the position to which the request for review pertains.

(4) No person shall serve on a committee if

(a) they took part in the decision, act or omission that is the subject of the request for review; or
(b) they will be placed in any other conflict of interest by being on the committee.

6 The chairperson shall notify the member who requested the review of the names and titles of the persons selected to serve on the classification review committee.

7 (1) The member who requested the review may, within seven days after the day on which the member is notified of the names of the persons selected to serve on the classification review committee, object to the selection of any person on the basis that the selection contravenes subsection 5(4), by submitting a written notice of objection to the coordinator.
(2) The notice of objection shall contain details of the alleged conflict of interest under subsection 5(4).
(3) If the coordinator finds that the objection is well-founded, the coordinator shall exclude the person from the committee and select a replacement.
(4) The decision of the coordinator is final.

8 Each classification review committee shall review the request for review of which it is seized.

9 All submissions and reports to the classification review committee shall be in writing.

10 (1) The classification review committee may obtain any additional documentation relevant to a request for review.
(2) The coordinator shall provide the member who requested the review an opportunity to review any additional documentation obtained by the committee in respect of the request.

Report of the Classification Review Committee

11 (1) The classification review committee shall prepare a written report on its review and shall submit the report to the decision maker.

(2) The report shall contain the findings and recommendations, with reasons, of the persons on the committee, including

(a) the group to which the position should be allocated, when the request for review is based on a decision, act or omission in respect of the group to which a position has been allocated;
(b) the rating, level or rank that should be attributed to the position, when the request for review is based on a decision, act or omission in respect of the rating, level or rank attributed to a position; and
(c) the effective date that should be attributed to the classification, when the request for review is based on a decision, act or omission in respect of the effective date of the classification of a position.

Decision

12 The decision maker shall consider the request for review and the report of the classification review committee and shall

(a) determine the group to which the position should be allocated, when the request is based on a decision, act or omission in respect of the group to which a position has been allocated;
(b) determine the rating, level or rank of the position, when the request is based on a decision, act or omission in respect of the rating, level or rank attributed to a position; and
(c) determine the effective date of the classification of the position, when the request is based on a decision, act or omission in respect of the effective date of the classification of a position.

13 (1) The decision of the decision maker shall be in writing.
(2) The coordinator shall provide a copy of the decision of the decision maker and the report of the classification review committee, including reasons, to the member who requested the review.

14 The decision of the decision maker is final.

Withdrawal of Request for Review

15 A member may withdraw their request for review, by notice in writing to the coordinator, at any time before the decision relating to their request is rendered by the decision maker.

Suspension of Time Limits

16 (1) The coordinator shall, on written request, in the situations described in subsection (2), suspend the time limit for compliance with section 3 or subsection 7(1).

(2) The following situations justify a suspension of a time limit:

(a) when the member is on sick leave;
(b) when the member is assigned to an operation that prevents the member from meeting the time requirement; or
(c) when an informal review is ongoing in respect of the decision, act or omission that is the subject of the request for review.

Coming into Force

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