Commissioner’s Standing Orders (Conduct)

Commissioner’s Standing Orders (Conduct) The Commissioner of the Royal Canadian Mounted Police, pursuant to paragraphs 21(2)(k) to (m)a, sections 39.1b and 39.2b and subsections 46(4)c and 47.1(3)d of the Royal Canadian Mounted Police Acte, makes the annexed Commissioner’s Standing Orders (Conduct). S.C. 2013, c. 18, s. 14(2) S.C. 2013, c. 18, s. 29 S.C. 2013, c. 18, s. 36(2) S.C. 2013, c. 18, s. 37 R.S., c. R-10 Ottawa, November 25, 2014 Definitions 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) Designation as conduct authorities 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: 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; officers, or persons who hold equivalent managerial positions; and officers who are in command of a Division. Requirements The Commissioner may establish the requirements that a person must meet before acting as a conduct authority. Revocation 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 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 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. Remedial conduct measures 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: an admonishment; a direction to work under close supervision for a period of not more than one year; a direction to undergo training; a direction to undergo medical treatment as specified by a Health Services Officer; a direction to attend counselling sessions or complete a rehabilitative program; a direction to complete a program or engage in an activity; a removal, restriction or modification of duties as specified by the conduct authority for a period of not more than one year; a reassignment to another position not involving a relocation or demotion; a reprimand; a financial penalty of not more than eight hours of the member’s pay, deducted from the member’s pay. Conduct measure by agreement 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. Corrective conduct measures 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: an ineligibility for promotion for a period of not more than one year; a deferment of pay increment for a period of not more than one year; a suspension from duty without pay for a period of not more than 80 hours; a financial penalty of not more than 80 hours of the member’s pay, deducted from the member’s pay; a forfeiture of annual leave for a period of not more than 80 hours; any combination of the measures referred to in paragraphs (c) to (e) totalling not more than 80 hours. Serious conduct measures 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 removal, restriction or modification of duties as specified by the conduct authority for a period of not more than three years; an ineligibility for promotion for a period of not more than three years; a deferment of pay increment for a period of not more than two years; a reduction to the next lower rate of pay for a period of not more than two years; a demotion for a period of not more than three years; a demotion for an indefinite period; a transfer to another work location; a suspension from duty without pay; a forfeiture of annual leave for a period of not more than 160 hours; a financial penalty deducted from the member’s pay. Effect of demotion 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 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. Ineligibility for promotion 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) 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. Calculation of financial penalty 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 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. Written decision 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. Designation of review authority 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 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 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 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; 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 rescind any conduct measure imposed by the conduct authority and initiate a hearing in accordance with subsection 41(1) of the Act. Service of notice 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 The member may, within 14 days after the day on which they are served with the notice, provide the review authority with written submissions. Decision 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 If the review authority renders a decision under paragraph 9(3)(a) or (b), the reasons for the decision must be included. Taking effect The decision takes effect as soon as it is served. Information previously provided 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. Conduct hearing 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 The conduct board may adapt these rules of procedure if the principles of procedural fairness permit. Non-compliance with rules 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 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. Absence of subject member 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. Definition of investigation report 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 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 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 an admission or denial, in writing, of each alleged contravention of the Code of Conduct; any written submissions that the member wishes to make; and any evidence, document or report, other than the investigation report, that the member intends to introduce or rely on at the hearing. Further investigation A subject member may request that the conduct board cause a further investigation to be made. Further information or documents 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 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. Pre-hearing conference 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 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. Motions A party may bring a motion before the conduct board at any time. Date for hearing motion The board may fix a date for hearing the motion or, if the principles of procedural fairness permit, hear it immediately. Notice of motion 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 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. Witnesses to appear 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 The list of witnesses must include the name and address of each witness; the reasons for requesting the appearance of each witness; a summary of the anticipated evidence of each witness; and the appropriate means that will allow each witness to testify. List of witnesses 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 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. Expert report 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 The expert report must contain the following: a statement of the issues addressed in the report; a description of the expert’s qualifications with respect to those issues; the expert’s curriculum vitae, attached as a schedule; a summary of the opinions expressed in the report; the facts and assumptions on which the opinions are based; the results of any tests carried out; the reasons supporting each opinion expressed; a summary of the methodology on which the expert has relied; the expert’s findings; 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 any literature or other documents specifically relied on in support of the opinions expressed. Responding expert report 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. Reading of allegations 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 If a member does not admit or deny an allegation, the member is deemed to have denied the allegation. Change of position 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. Adjournment The conduct board may, if necessary, adjourn the hearing for up to 30 days or, in exceptional circumstances, for a longer period. Recording of proceedings 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. Decision without further evidence 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 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. Decision on conduct measures 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 The conduct board must impose conduct measures that are proportionate to the nature and circumstances of the contravention of the Code of Conduct. The conduct board must render a decision as soon as feasible after the hearing. Taking effect of decision 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 The conduct board must cause a copy of the decision to be served on the subject member and the conduct authority. Record of conduct proceedings The conduct board must compile a record after the hearing, including the notice of hearing referred to in subsection 43(2) of the Act; the notice served on the subject member of the place, date and time of the hearing; a copy of any other information provided to the board; a list of any exhibits entered at the hearing; the directions, decisions, agreements and undertakings, if any, referred to in subsection 16(2); the recording and the transcript, if any, of the hearing; and a copy of all written decisions of the board. Return of exhibits 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 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. Written waiver Any waiver by a subject member of a right under these Standing Orders must be made in writing. The following definitions apply in this section and in sections 30 and 31. assistance means legal guidance and information provided to a subject member who may be subject to the serious conduct measures referred to in paragraphs5(1)(a) to (j) or who has received the notice under section 10, or to the conduct authority in respect of the subject member. (assistance) Conduct Authority Representative means a person who is authorized by the Director of the Conduct Authority Representative Directorate to provide representation or assistance to a conduct authority. (représentant des autorités disciplinaires) Conduct Authority Representative Directorate means the unit within the Force that provides representation or assistance to a conduct authority. (Direction des représentants des autorités disciplinaires) Member Representative means a person who is authorized by the Director of the Member Representative Directorate to provide representation or assistance to a subject member. (représentants des membres) Member Representative Directorate means the unit within the Force that may provide representation or assistance to a subject member. (Direction des représentants des membres) representation means the act of representing a subject member or conduct authority, including providing legal advice, litigation or advocacy for the purpose of these Standing Orders. (représentation) Member representation A Member Representative may provide representation to a subject member if the member is subject to a stoppage of pay and allowances under paragraph 22(2)(b) of the Act; has received a notice under subsection 43(2) of the Act; or is a respondent in an appeal instituted by a conduct authority under subsection 45.11(1) of the Act. Member assistance A Member Representative may provide assistance to a subject member if the member is subject to any of the conduct measures set out in paragraphs 5(1)(a) to (j); or has been served with a notice under subsection 10(1). Exceptions If the Director of the Member Representative Directorate decides that one of the following circumstances applies, a Member Representative must not represent or assist a subject member: the Member Representative is involved in the alleged misconduct as a party, witness, participant, or interested person; any representation or assistance could result in a conflict of interest; any representation or assistance could impair the efficiency, administration or good government of the Force. Discontinuation The Director may discontinue providing representation or assistance if the subject member engages in deceitful conduct towards the Member Representative assigned to the member; fails to cooperate with the Member Representative; requests or encourages the Member Representative to act in a manner that is unlawful or unethical; or acts in a manner that causes an irreparable breach of confidence in the Member Representative’s relationship with the subject member. If, under subsection (3), a subject member cannot be represented or assisted or if, under subsection (4), the Director discontinues the provision of representation or assistance, the Director must cause a notice to this effect to be served on the subject member. Excluded costs If a subject member is not represented or assisted by a Member Representative, the subject member is responsible for all of the subject member’s costs in responding to an allegation of a contravention of the Code of Conduct. Non-application to unionized members Section 30 does not apply to a subject member who is a member of a bargaining unit that is represented by a bargaining agent. Conduct authority representation A Conduct Authority Representative may represent a conduct authority in the following circumstances: a conduct authority intends to direct that a subject member’s pay and allowances be stopped under paragraph 22(2)(b) of the Act; a conduct authority intends to initiate a conduct hearing under subsection 41(1) of the Act; or a conduct authority intends to appeal or is a respondent in an appeal of a conduct board decision under subsection 45.11(1) of the Act. Conduct authority assistance A Conduct Authority Representative may provide assistance to a conduct authority who intends to impose any of the measures set out in paragraphs 5(1)(a) to (j); or to a review authority who intends to prepare the notice referred to in subsection 10(1). If the Director of the Conduct Authority Representative Directorate decides that one of the following circumstances applies, a Conduct Representative must not represent or assist a conduct authority: the Conduct Authority Representative is involved in the alleged misconduct as a party, witness, participant or interested person; Limitation Only persons who are Conduct Authority Representatives are authorized to provide representation and assistance under subsections (1) and (2) to conduct authorities. Redress for certain written decisions 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): the decision by a conduct authority to temporarily reassign the member to other duties during a conduct process; the decision to suspend the member under section 12 of the Act; the decision to direct that the member’s pay and allowances be stopped under paragraph 22(2)(b) of the Act; and the decisions to deny or discontinue representation or assistance under subsection 30(3) or (4). Redress for other decisions, acts or omissions A member who is aggrieved by any decision, act or omission that leads to one of the written decisions set out in paragraphs (1)(a) to (d) may seek redress by means of an appeal of the decision in accordance with the Commissioner’s Standing Orders (Grievances and Appeals). Effect of appeal An appeal made under this section does not stay the execution of the written decision being appealed or of any related process. Registration These Standing Orders come into force on the day on which they are registered. Terminology change — English version 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.