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

Regulations are current to 2013-04-29

PLEAS

  •  (1) Where, pursuant to subsection 45.1(4) of the Act, a member makes an admission to one or more alleged contraventions, a board may request the parties to prepare an agreed statement of facts.

  • (2) Where the parties cannot agree on a statement of facts, the representative of the appropriate officer shall prove the facts in dispute.

 Where a board accepts an admission to an allegation contained in a Notice of Hearing, it may at any time during the proceedings direct that the admission be changed to a denial of the allegation.

 A member whose conduct is the subject of a hearing may, before the board makes its final decision, change the member’s denial to an admission.

EVIDENCE

 All testimony given before a board shall be given under oath or affirmation.

 A board may make such orders or give such directions in the proceedings before it as it considers proper to prevent abuse of its process.

 A party may not examine more than three expert witnesses without leave of the board.

 Any party intending to call an expert as a witness at a hearing before an adjudication board or a discharge and demotion board, concerning a matter at issue, shall serve the other party, not less than thirty days before the commencement of the hearing, with a report, in respect of the matter, by the expert that sets out the name, address and qualifications of the expert and includes

  • (a) the observations of the expert;

  • (b) the results of any tests carried out;

  • (c) the conclusions of the expert; and

  • (d) in the case of a medical expert, the expert’s diagnosis and prognosis.

  • SOR/94-177, s. 1.

 The representative of an appropriate officer may, at a review of an officer’s or other member’s case by a discharge and demotion board,

  • (a) make representations;

  • (b) present documentary evidence in response to the officer’s or other member’s case; or

  • (c) cross-examine or call witnesses in response to the officer’s or other member’s case.

DECISION

 Where a board decides that one or more of the alleged contraventions of the Code of Conduct have been established, the parties may make representations and present evidence to the board with respect to the issue of the sanction to be imposed.

 A decision of a majority of the members of a board shall constitute the decision of the board.

 The final decision of a board shall include any dissenting opinion.

 On the conclusion of an inquiry held pursuant to subsection 24.1(1) of the Act, a board shall report in writing its findings and recommendations to the member whose conduct was investigated.