Royal Canadian Mounted Police Act

Marginal note:Consideration of appeal

• 45.16 (1) The Commissioner shall consider an appeal under section 45.14 on the basis of

  • (a) the record of the hearing before the adjudication board whose decision is being appealed,

  • (b) the statement of appeal, and

  • (c) any written submissions made to the Commissioner,

  and the Commissioner shall also take into consideration the findings or recommendations set out in the report, if any, of the Committee or the Committee Chairman in respect of the case.

• Marginal note:Disposal of appeal against finding

  (2) The Commissioner may dispose of an appeal in respect of a finding referred to in paragraph 45.14(1)(a) by

  • (a) dismissing the appeal and confirming the decision being appealed;

  • (b) allowing the appeal and ordering a new hearing into the allegation giving rise to the finding; or

  • (c) where the appeal is taken by the member who was found to have contravened the Code of Conduct, allowing the appeal and making the finding that, in the Commissioner’s opinion, the adjudication board should have made.

• Marginal note:Disposal of appeal against sanction

  (3) The Commissioner may dispose of an appeal in respect of a sanction or action referred to in paragraph 45.14(1)(b) by

  • (a) dismissing the appeal and confirming the decision being appealed; or

  • (b) allowing the appeal and either varying or rescinding the sanction or action.

• Marginal note:New hearing

  (4) Where the Commissioner orders a new hearing into an allegation pursuant to subsection (2), an adjudication board shall be appointed in accordance with this Part to conduct the hearing and the new hearing shall be held in accordance with this Part as if it were the first hearing into that allegation.

• Marginal note:Copy of decision

  (5) The Commissioner shall as soon as possible render a decision in writing on an appeal, including reasons for the decision, and serve each of the parties to the hearing before the adjudication board whose decision was appealed and, if the case has been referred to the Committee pursuant to section 45.15, the Committee Chairman with a copy of the decision.

• Marginal note:Commissioner not bound

  (6) The Commissioner is not bound to act on any findings or recommendations set out in a report with respect to a case referred to the Committee under section 45.15, but if the Commissioner does not so act, the Commissioner shall include in the decision on the appeal the reasons for not so acting.

• Marginal note:Commissioner’s decision final

  (7) A decision of the Commissioner on an appeal under section 45.14 is final and binding and, except for judicial review under the Federal Courts Act, is not subject to appeal to or review by any court.

• Marginal note:Rescission or amendment of decision

  (8) Notwithstanding subsection (7), the Commissioner may rescind or amend the Commissioner’s decision on an appeal under section 45.14 on the presentation to the Commissioner of new facts or where, with respect to the finding of any fact or the interpretation of any law, the Commissioner determines that an error was made in reaching the decision.