Commissioner’s Standing Orders (Practice And Procedure) (SOR/88-367)

Regulations are current to 2013-05-26

Commissioner’s Standing Orders (Practice And Procedure)

SOR/88-367

ROYAL CANADIAN MOUNTED POLICE ACT

Registration 1988-06-30

Commissioner’s Standing Orders (Practice And Procedure)

The Commissioner of the Royal Canadian Mounted Police, pursuant to subsection 46(4)Footnote * of the Royal Canadian Mounted Police Act, hereby makes the annexed Rules respecting practice and procedure before boards in the Royal Canadian Mounted Police, effective June 30, 1988.

Ottawa, June 30, 1988

1. [Repealed, SOR/2002-372, s. 2]

INTERPRETATION

2. In these Rules,

“Act”

“Act” means the Royal Canadian Mounted Police Act; (Loi)

“hearing”

“hearing” includes a review conducted by a discharge and demotion board and an inquiry held by a board of inquiry; (audience)

“registrar”

“registrar” means a registrar of a board. (greffier)

  • SOR/90-790, s. 4(F).

APPLICATION

3. These Rules apply in respect of

  • (a) a board of inquiry appointed by the Commissioner under section 24.1 of the Act;

  • (b) an adjudication board whose members are appointed under section 43 or 44 of the Act; and

  • (c) a discharge and demotion board whose members are appointed under section 45.2 of the Act.

  • SOR/90-790, s. 4(F);
  • SOR/2002-372, s. 3.

GENERAL

4. Where any matter arises during the course of proceedings before a board, not otherwise provided for in these Rules, the board may take whatever steps it considers necessary to settle the matter.

  • SOR/90-790, s. 4(F).

5. Non-compliance with any of these Rules shall not render any proceedings void unless a board so directs, but the proceedings may be set aside, either wholly or in part, as irregular and may be amended or otherwise dealt with in such manner and on such terms as, in the opinion of the board, the circumstances of the case require.

  • SOR/90-790, s. 4(F).

SUMMONS

  • 6. (1) Any party requiring the attendance of a witness at a hearing shall forward the name of the proposed witness to the registrar who shall issue a summons on behalf of the board.

  • (2) Where a summons is served, proof of service shall be submitted to the registrar.

  • (3) A summons continues to have effect until the conclusion of the hearing at which the attendance of the witness is required or until the witness is dismissed by the board.

7. Service on a child shall be effected by personal service

  • (a) on an adult who resides with the child; or

  • (b) on the child, if so authorized by the chairman of a board.

  • SOR/2001-337, s. 1.

EXHIBITS

8. Exhibits received by a board shall remain in the custody or control of the registrar or other person specified by the board

  • (a) until the time for the taking of an appeal has expired; or

  • (b) where an appeal has been taken, until the disposition of the appeal.