Stay of Execution of Decision
Marginal note:Stay of execution of decision
45.27 (1) Where a decision to recommend that an officer be discharged or demoted or to discharge or demote any other member is rendered under section 45.23, the execution of the decision is stayed until after the expiration of the time within which an appeal may be taken under section 45.24.
(2) Where an appeal is taken under section 45.24 in relation to a decision described in subsection (1), the execution of the decision is stayed until after the appeal is disposed of.
- R.S., 1985, c. 8 (2nd Supp.), s. 16.
Marginal note:Resignation from Force
45.28 Nothing in this Part shall be construed as preventing a discharge and demotion board or the Commissioner from offering a member against whom a ground of unsuitability has been established pursuant to this Part the opportunity of resigning from the Force.
- R.S., 1985, c. 8 (2nd Supp.), s. 16.
PART VIROYAL CANADIAN MOUNTED POLICE PUBLIC COMPLAINTS COMMISSION
Establishment and Organization of Commission
Marginal note:Commission established
45.29 (1) There is hereby established a commission, to be known as the Royal Canadian Mounted Police Public Complaints Commission, consisting of a Chairman, a Vice-Chairman, a member for each contracting province and not more than three other members, to be appointed by order of the Governor in Council.
(2) A member of the Commission for a contracting province shall be appointed after consultation with the Minister or other elected representative responsible for police affairs in that province.
Marginal note:Full- or part-time
(3) The Commission Chairman is a full-time member of the Commission and the other members may be appointed as full-time or part-time members of the Commission.
Marginal note:Tenure of office
(4) Each member of the Commission shall be appointed to hold office during good behaviour for a term not exceeding five years but may be removed for cause at any time by order of the Governor in Council.
(5) A member of the Commission is eligible for re-appointment on the expiration of the member’s term of office.
(6) No member of the Force is eligible to be appointed or to continue as a member of the Commission.
Marginal note:Alternate member
(7) The Governor in Council may, by order, appoint a person to be an alternate member for any member of the Commission, other than the Commission Chairman, and the alternate member so appointed may act as a member of the Commission in the event of the absence, incapacity or ineligibility to conduct a hearing of that member.
(8) An alternate member shall be appointed as a part-time member of the Commission and subsections (2), (4) to (6) and (10) and (11) apply, with such modifications as the circumstances require, to an alternate member as though the alternate member were a member of the Commission.
Marginal note:Salary of full-time members
(9) Each full-time member of the Commission is entitled to be paid such salary in connection with the work of the Commission as may be approved by order of the Governor in Council.
Marginal note:Fees of part-time members
(10) Each part-time member of the Commission is entitled to be paid such fees in connection with the work of the Commission as may be approved by order of the Governor in Council.
(11) Each member of the Commission is entitled to be paid reasonable travel and living expenses incurred by the member while absent from the member’s ordinary place of residence in connection with the work of the Commission.
Marginal note:Benefits of full-time members
(12) The full-time members of the Commission are deemed to be employed in the public service for the purposes of the Public Service Superannuation Act and to be employed in the federal public administration for the purposes of the Government Employees Compensation Act and any regulations made under section 9 of the Aeronautics Act.
Marginal note:Definition of “contracting province”
(13) In this section, “contracting province” means a province the government of which has entered into an arrangement with the Minister pursuant to section 20.
- R.S., 1985, c. 8 (2nd Supp.), s. 16;
- 2003, c. 22, s. 217(E).
- Date modified: