Commissioner’s Standing Orders (Employment Requirements)

Link to law: http://laws-lois.justice.gc.ca/eng/regulations/SOR-2014-292/FullText.html

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Commissioner’s Standing Orders (Employment Requirements)

SOR/2014-292ROYAL CANADIAN MOUNTED POLICE ACT
Registration 2014-11-28
Commissioner’s Standing Orders (Employment Requirements)The Commissioner of the Royal Canadian Mounted Police, pursuant to section 9.1Footnote a and paragraphs 21(2)(a) to (g)Footnote b, (i)Footnote b, (j)Footnote b and (m)Footnote b of the Royal Canadian Mounted Police ActFootnote c, makes the annexed Commissioner’s Standing Orders (Employment Requirements).

Return to footnote aR.S., c. 8 (2nd Supp.), s. 4
Return to footnote bS.C. 2013, c. 18, s. 14(2)
Return to footnote cR.S., c. R-10

Ottawa, November 25, 2014
BOB PAULSON
Commissioner of the Royal Canadian Mounted PoliceInterpretation

Definition of Act
1 In these Standing Orders, Act means the Royal Canadian Mounted Police Act.

Basic Requirements

Marginal note:Basic requirements

2 (1) For the purpose of these Standing Orders and subparagraph 22(2)(a)(i) of the Act, a member possesses the basic requirements for the carrying out of their duties if they

(a) are legally authorized to possess a firearm;
(b) hold a licence issued in Canada to operate a motor vehicle; and
(c) have the required reliability status or security clearance.

Marginal note:Prohibition against entry

(2) A member who is subject to an order issued by a court or justice of the peace prohibiting or restricting entry into any place within the policing jurisdiction for which the member is responsible does not possess the basic requirements for the carrying out of their duties.

PART 1 Stoppage of Pay and Allowances

Definition of decision maker
3 For the purpose of this Part, decision maker means a member to whom the Commissioner has delegated the power to direct that a member’s pay and allowances be stopped under paragraph 22(2)(a) or (c) of the Act.

Marginal note:Notice to decision maker

4 (1) If a member loses a basic requirement, is absent from duty without authorization or has left any assigned duty without authorization, the person in command of the member’s detachment must notify the decision maker for the member in writing as soon as feasible.

Marginal note:Member recommended for discharge

(2) If a member is recommended for discharge under paragraph 20.2(1)(d), (f) or (j) of the Act, the person making the recommendation must immediately notify the decision maker for the member in writing.

Marginal note:Service of notice of intent

(3) If, on receiving a notification under subsection (1) or (2), the decision maker intends to direct that the member’s pay and allowances be stopped, they must cause to be served on the member a notice to that effect.

Marginal note:Contents of notice

(4) The notice of intent must

(a) set out the grounds on which the decision maker intends to make the decision; and

(b) state that the member may, within 14 days after the day on which the notice is served,

(i) provide a written response, or
(ii) request, in writing, an extension of time to provide a written response.

Marginal note:Consideration of response

(5) The decision maker must consider any written response before deciding whether to direct that the member’s pay and allowances be stopped.

Marginal note:Service of direction

(6) If the decision maker directs that a member’s pay and allowances be stopped, the decision maker must make the direction in writing and cause the member to be served with a copy of the direction and the reasons for it.

Marginal note:Duration

(7) The direction takes effect immediately and remains in effect until the member

(a) possesses the basic requirements for the carrying out of their duties, is no longer absent from duty without authorization or has returned to the assigned duty; or
(b) is no longer the subject of the recommendation for discharge referred to in subsection (2).

Marginal note:Date of reinstatement of pay and allowances

(8) The Commissioner may reinstate the pay and allowances of a member to the date of the stoppage of pay and allowances if the grounds for the stoppage no longer apply and if the circumstances leading to the stoppage were exceptional and beyond the member’s control.

PART 2 Discharge and Demotion

Definition of decision maker
5 For the purpose of this Part, decision maker means a person to whom the Commissioner has delegated the power

(a) to revoke a person’s appointment under section 9.2 of the Act;
(b) to recommend the discharge of a member under paragraph 20.2(1)(d), (f) or (j) of the Act;
(c) discharge the member under paragraph 20.2(1)(e), (g) or (k) of the Act; or
(d) demote the member under paragraph 20.2(1)(e) or (g) of the Act.

Marginal note:Reasons other than contravention of Code of Conduct

6 For the purpose of paragraphs 20.2(1)(f) and (g) of the Act, reasons other than a contravention of any provision of the Code of Conduct include

(a) having a disability, as defined in the Canadian Human Rights Act;
(b) being absent from duty without authorization or having left an assigned duty without authorization;
(c) being absent from duty as the result of being detained in custody or serving a period of imprisonment;
(d) being in a conflict of interest other than one set out in the Code of Conduct;
(e) no longer possessing a basic requirement for the carrying out of a member’s duties; and
(f) being convicted of an offence that is punishable by indictment or that would be punishable by indictment if it occurred in Canada.

Marginal note:Designation of officer or person

7 (1) The Commissioner may designate an officer or a person who holds an equivalent managerial position to be responsible for making a recommendation to a decision maker in respect of

(a) a recommendation to discharge a member under paragraph 20.2(1)(d) or (f) of the Act; or
(b) the discharge or demotion of a member under paragraph 20.2(1)(e) or (g) of the Act.

Marginal note:Recommendation

(2) If there is cause to make the recommendation, the designated officer or person must immediately make the recommendation in writing.

Marginal note:Notice of intent

8 (1) A decision maker must cause a notice to be served on a member if the decision maker intends

(a) to recommend the discharge of the member under paragraph 20.2(1)(d) or (f) of the Act;
(b) to discharge or demote the member under paragraph 20.2(1)(e) or (g) of the Act;
(c) to recommend the discharge of the member under paragraph 20.2(1)(j) of the Act;
(d) to discharge the member under paragraph 20.2(1)(k) of the Act; or
(e) to take corrective action in respect of an error, an omission or improper conduct that affected the Commissioner’s selection of the member for appointment under subsection 6(4) or 7(1) of the Act.

Marginal note:Request for recusal

(2) The member may, within 14 days after the day on which the notice of intent is served, request that the decision maker recuse themselves. The request must be in writing and include reasons.

Marginal note:Decision on request for recusal

(3) The decision maker must render a decision on the request for recusal as soon as feasible and cause a copy of the decision, including reasons for it, to be served on the member. If the decision maker allows the request, they must ask the Commissioner to select another decision maker.

Marginal note:Contents of notice

9 (1) The notice of intent must set out

(a) the action referred to in subsection 8(1) that the decision maker intends to take;
(b) the grounds on which the decision maker intends to make the decision; and
(c) the member’s rights under subsection (2).

Marginal note:Member’s rights

(2) The member may, within 14 days after the day on which the notice of intent is served,

(a) provide a written response and, if one is provided, make a written request, with reasons, for a meeting with the decision maker for the purpose of making oral submissions;
(b) provide a written response and request, in writing, an extension of time to make the request referred to in paragraph (a); or
(c) request, in writing, an extension of time to provide the response and make the request referred to in paragraph (a).

Marginal note:New information

(3) If, after the notice of intent is served but before the decision maker makes a decision under subsection 12(1), new information that may be relevant comes to the attention of the decision maker, the decision maker must cause the member to be served with a copy of that information. The member may, within seven days after the day on which the copy is served,

(a) provide a written response and, if one is provided, make a written request, with reasons, for a meeting with the decision maker for the purpose of making oral submissions;
(b) provide a written response and request, in writing, an extension of time to make the request referred to in paragraph (a); or
(c) request, in writing, an extension of time to provide the response and make the request referred to in paragraph (a).

Marginal note:Meeting

10 (1) The decision maker may agree to meet with the member and, if a meeting is held, it must be held as soon as feasible.

Marginal note:Means of meeting

(2) Meetings may be held in person or by electronic means, as determined by the decision maker.

Marginal note:Summary

(3) At least two days before the date of the meeting, the member must provide the decision maker with a written summary of the intended oral submissions.

Marginal note:Decision without meeting

(4) The decision maker may make a decision without meeting with the member if the member fails to attend the meeting without reasonable cause.

Marginal note:Access to information

11 (1) The member may submit a written request to the decision maker for access to any written or documentary information that is under the Force’s control, is relevant and is reasonably required by the member to respond to the notice of intent.

Marginal note:Limits to access

(2) The decision maker may grant access to the requested information only if

(a) the disclosure of the information could not reasonably be expected to be injurious to the defence of Canada or any state allied or associated with Canada, as defined in subsection 15(2) of the Access to Information Act, or to the detection, prevention or suppression of subversive or hostile activities, as defined in that subsection;
(b) the disclosure could not reasonably be expected to be injurious to law enforcement;
(c) the disclosure is not contrary to a provision of any contract entered into by the Crown;
(d) in the case of information about a person’s financial or personal affairs, the person’s interest or security does not outweigh the member’s interest in the information; and
(e) the disclosure is not prohibited by law.

Marginal note:Decision

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

(a) retain the member;
(b) revoke the member’s appointment under section 9.2 of the Act;
(c) recommend the discharge of the member under paragraph 20.2(1)(d), (f) or (j) of the Act;
(d) discharge the member under paragraph 20.2(1)(e), (g) or (k) of the Act;
(e) demote the member under paragraph 20.2(1)(e) or (g) of the Act, subject to any conditions that the decision maker may impose.

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.

Marginal note:Taking effect

(3) The decision to demote or discharge a member other than a Deputy Commissioner takes effect immediately. A recommendation to discharge a Deputy Commissioner must be forwarded to the Governor in Council immediately after the expiry of the time referred to in section 36.1 of the Act.

PART 3 Members on Probation

Definition of decision maker
13 For the purpose of this Part, decision maker means a member to whom the Commissioner has delegated the power to discharge a member who is on probation.

Marginal note:Probationary period

14 A member’s probationary period is two years, calculated without including any of the following:

(a) a period of leave without pay;
(b) any hours of leave with pay in excess of a total of 360 hours;
(c) a period of full-time language training;
(d) a period of suspension under section 12 of the Act;
(e) a period during which the member is at work but is unable to perform the duties required of a member on probation;
(f) a period during which the member is relieved from duty.

Marginal note:Notice of discharge

15 The notice period for the purpose of subsection 9.4(1) of the Act is 14 days.

Marginal note:Designation of officer or person

16 (1) The Commissioner may designate an officer or a person who holds an equivalent managerial position to be responsible for recommending the discharge of a member on probation.

Marginal note:Recommendation

(2) If a member on probation has failed to demonstrate their suitability to continue to serve as a member, the designated officer or person must immediately recommend to the decision maker, in writing, that the member be discharged.

Marginal note:Notice of intent

(3) The decision maker must cause a notice of intent to be served on a member on probation if they intend to discharge the member under subsection 9.4(1) of the Act.

Marginal note:Contents of notice

(4) The notice of intent must set out

(a) the grounds on which the decision maker intends to discharge the member; and
(b) the member’s rights under subsection (5).

Marginal note:Member’s rights

(5) The member may, within 14 days after the day on which the notice of intent is served,

(a) provide a written response; or
(b) request, in writing, an extension of time to provide a written response.

Marginal note:New information

(6) If, after the notice of intent is served but before the decision maker makes a decision under subsection 17(1), new information that may be relevant comes to the attention of the decision maker, the decision maker must cause the member to be served with a copy of that information. The member may, within seven days after the day on which the copy is served,

(a) provide a written response; or
(b) request, in writing, an extension of time to provide a written response.

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 4 Organization 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 5 Process 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 6 Coming into Force

Marginal note:Registration

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