Commissioner’s Standing Orders (Investigation and Resolution of Harassment Complaints)

Link to law: http://laws-lois.justice.gc.ca/eng/regulations/SOR-2014-290/FullText.html

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Commissioner’s Standing Orders (Investigation and Resolution of Harassment Complaints)

SOR/2014-290ROYAL CANADIAN MOUNTED POLICE ACT
Registration 2014-11-28
Commissioner’s Standing Orders (Investigation and Resolution of Harassment Complaints)The Commissioner of the Royal Canadian Mounted Police, pursuant to paragraphs 20.2(1)(l)Footnote a and 21(2)(l)Footnote b and (m)Footnote b and sections 39.1Footnote c and 39.2Footnote c of the Royal Canadian Mounted Police ActFootnote d, makes the annexed Commissioner’s Standing Orders (Investigation and Resolution of Harassment Complaints).

Return to footnote aS.C. 2013, c. 18, s. 13
Return to footnote bS.C. 2013, c. 18, s. 14(2)
Return to footnote cS.C. 2013, c. 18, s. 29
Return to footnote dR.S., c. R-10

Ottawa, November 25, 2014
BOB PAULSON
Commissioner of the Royal Canadian Mounted Police
Marginal note:Definitions

1 The following definitions apply in these Standing Orders.

Act
Loi

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

harassment
harcèlement

harassment has the same meaning as in the Treasury Board policy on harassment established under paragraph 11.1(1)(i) of the Financial Administration Act. (harcèlement)

harassment complaint investigation and resolution process
processus d’enquête et de règlement des plaintes d’harcèlement

harassment complaint investigation and resolution process means any of the administrative actions, decisions or processes provided for by the Act, the Royal Canadian Mounted Police Regulations, 2014, the Commissioner’s Standing Orders or the Force’s policies relating to the investigation and resolution of a harassment complaint. (processus d’enquête et de règlement des plaintes d’harcèlement)

informal resolution process
processus de règlement informel

informal resolution process means a process used by the parties to resolve a complaint informally, and includes the informal conflict management system established under section 30.2 of the Act. (processus de règlement informel)

parties
parties

parties means the complainant and the respondent in a complaint that is being dealt with under the harassment complaint investigation and resolution process. (parties)

respondent
défendeur

respondent means a member whose conduct is the subject of a harassment complaint submitted under these Standing Orders. (défendeur)

Marginal note:Harassment complaint

2 (1) A complaint by a member that they have been harassed by another member must be submitted in accordance with the harassment complaint investigation and resolution process within one year of the last incident of harassment alleged in the complaint.

Marginal note:Extension of time limit

(2) The decision maker may, at the request of the complainant, extend the time limit in exceptional circumstances.

Marginal note:Decision maker

3 (1) The decision maker in respect of a complaint is

(a) the person designated by the Commissioner; or
(b) a conduct board appointed under subsection 43(1) of the Act, if one has been appointed.

Marginal note:Designated as conduct authority

(2) For the purpose of subsection 2(3) of the Act, the decision maker is designated as a conduct authority in respect of the respondent.

Marginal note:Informal resolution process

4 (1) An informal resolution process is available to the parties unless, in respect of the respondent, a hearing has been initiated under subsection 41(1) of the Act or a conduct measure has been imposed under 42(1) of the Act.

Marginal note:Communications confidential and without prejudice

(2) Any communications that pass among persons involved in an informal resolution process during that process are confidential and 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 carrying out an agreement made during the process; or
(d) required to protect the health or safety of any person.

Marginal note:Investigation under subsection 40(1) of Act

5 (1) Subject to these Standing Orders, any investigation that is made as part of a harassment complaint investigation and resolution process is deemed to be an investigation made under subsection 40(1) of the Act.

Marginal note:Provision of statement

(2) The investigator must provide each party with a copy of the party’s statement in the format recorded by the investigator. The parties may, within seven days after the day on which the party receives the copy of the statement, dispute the accuracy of the statement to the investigator unless, at a party’s request, the decision maker extends the time limit in exceptional circumstances.

Marginal note:Response of parties

(3) The investigator must provide each party with a copy of the preliminary investigation report. The parties may, within seven days after the day on which the party receives the copy, provide a response to the investigator unless, at a party’s request, the decision maker extends the time limit in exceptional circumstances.

Marginal note:Determination in respect of time limit

6 (1) The decision maker must decide in writing if a complaint was submitted within the period set out in section 2.

Marginal note:Role of decision maker

(2) If the complaint was submitted within the period, and once the decision maker has sufficient information to make a decision, the decision maker must

(a) initiate a hearing under subsection 41(1) of the Act; or
(b) decide in writing if the respondent has, on a balance of probabilities, contravened the Code of Conduct set out in the schedule to the Royal Canadian Mounted Police Regulations, 2014.

Marginal note:Imposition of measures

(3) If the decision maker decides, under paragraph (2)(b), that the respondent has contravened the Code of Conduct, they may impose one or more of the conduct measures referred to in subsection 5(1) of the Commissioner’s Standing Orders (Conduct).

Marginal note:Final decision

(4) The decisions referred to in subsection (1), paragraph (2)(b) and subsection (3) are final.

Marginal note:Service of decision — complainant

(5) A copy of the decisions, including the written decision of a conduct board that is a decision maker for the purpose of these Standing Orders, must be served on the complainant and include a statement of the decision maker’s findings, reasons for the decision and whether any conduct measures are imposed.

Marginal note:Service of decision — respondent

(6) A copy of the decisions must be served on the respondent and include a statement of the decision maker’s findings, reasons for the decision and a statement setting out any conduct measures that may have been imposed.

Marginal note:Redress for certain written decisions

7 (1) A complainant who is aggrieved by a written decision referred to in subsection 6(1) and paragraph 6(2)(b) or by the written decision of a conduct board that is a decision maker for the purpose of these Standing Orders may seek redress by means of an appeal of the decision in accordance with Part 3 of the Commissioner’s Standing Orders (Grievances and Appeals).

Marginal note:Redress — complainant

(2) A complainant who is aggrieved by any decision, act or omission made in the harassment complaint investigation and resolution process that leads to one of the written decisions referred to in subsection (1) may seek redress by means of an appeal the decision in accordance with Part 3 of the Commissioner’s Standing Orders (Grievances and Appeals).

Marginal note:Redress — respondent

(3) A respondent who is aggrieved by any decision, act or omission made in the harassment complaint investigation and resolution process that leads to one of the written decisions set out in subsection (1) may seek redress by means of an appeal of the decision in accordance with section 45.11 of the Act.

Marginal note:Effect of appeal

(4) An appeal made under this section does not stay the execution of any conduct measure imposed under subsection 6(3).

Marginal note:Coming into force

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