Royal Canadian Mounted Police Act (R.S.C., 1985, c. R-10)

Marginal note:Record

• 45.13 (1) An adjudication board shall compile a record of the hearing before it, which record shall include

  • (a) the notice of the hearing under subsection 43(4);

  • (b) the notice of the place, date and time of the hearing under subsection 45.1(2);

  • (c) a copy of all written or documentary evidence produced at the hearing;

  • (d) a list of any exhibits entered at the hearing; and

  • (e) the recording and the transcript, if any, of the hearing.

• Marginal note:Delivery of transcript on request

  (2) A party to a hearing before an adjudication board shall be furnished, without charge, with a copy of the transcript of the hearing, if the party so requests in writing within seven days after

  • (a) the day the decision of the board is rendered, if it is rendered in the presence of that party; or

  • (b) in any other case, the day notice of the decision is given to that party.

Marginal note:Appeal to Commissioner

• 45.14 (1) Subject to this section, a party to a hearing before an adjudication board may appeal the decision of the board to the Commissioner in respect of

  • (a) any finding by the board that an allegation of contravention of the Code of Conduct by the member is established or not established; or

  • (b) any sanction imposed or action taken by the board in consequence of a finding by the board that an allegation referred to in paragraph (a) is established.

• Marginal note:Presumption

  (2) For the purposes of this section, any dismissal of an allegation by an adjudication board pursuant to subsection 45.1(6) or on any other ground without a finding by the board that the allegation is established or not established is deemed to be a finding by the board that the allegation is not established.

• Marginal note:Grounds of appeal

  (3) An appeal lies to the Commissioner on any ground of appeal, except that an appeal lies to the Commissioner by an appropriate officer in respect of a sanction or an action referred to in paragraph (1)(b) only on the ground of appeal that the sanction or action is not one provided for by this Act.

• Marginal note:Limitation period

  (4) No appeal may be instituted under this section after the expiration of fourteen days from the later of

  • (a) the day the decision appealed from is rendered, if it is rendered in the presence of the party appealing, or the day a copy of the decision is served on the party appealing, if it is rendered in the absence of that party, and

  • (b) if the party appealing requested a transcript pursuant to subsection 45.13(2), the day the party receives the transcript.

• Marginal note:Statement of appeal

  (5) An appeal to the Commissioner shall be instituted by filing with the Commissioner a statement of appeal in writing setting out the grounds on which the appeal is made and any submissions in respect thereof.

• Marginal note:Statement served on other party

  (6) A party appealing a decision of an adjudication board to the Commissioner shall forthwith serve the other party with a copy of the statement of appeal.

• Marginal note:Submissions in reply

  (7) A party who is served with a copy of the statement of appeal under subsection (6) may, within fourteen days after the day the party is served with the statement, file with the Commissioner written submissions in reply, and if the party does so, the party shall forthwith serve a copy thereof on the party appealing.