Royal Canadian Mounted Police Act

Marginal note:Notice of intention

• 45.19 (1) Before any officer is recommended for discharge or demotion under this Part or any other member is discharged or demoted under this Part, the appropriate officer shall serve the officer or other member with a notice in writing of the intention to recommend the discharge or demotion of the officer or to discharge or demote the other member, as the case may be.

• Marginal note:Contents of notice

  (2) A notice of intention served on an officer or other member under subsection (1) shall include

  • (a) particulars of the acts or omissions constituting the ground of unsuitability on which it is intended to base the recommendation for discharge or demotion or the discharge or demotion, as the case may be;

  • (b) where the officer or other member is not a probationary member, a statement of the right of the officer or other member to request, within fourteen days after the day the notice is served, a review of the officer’s or member’s case by a discharge and demotion board; and

  • (c) where the officer or other member is a probationary member, a statement of the right of the officer or other member to make, within fourteen days after the day the notice is served, written representations to the appropriate officer.

• Marginal note:Opportunity to examine material

  (3) An officer or other member who is served with a notice under subsection (1) shall be given a full and ample opportunity to examine the material relied on in support of the recommendation for discharge or demotion or the discharge or demotion, as the case may be.

• Marginal note:Request for review

  (4) An officer or other member, except a probationary member, who is served with a notice under subsection (1) may, within fourteen days after the day the notice is served, send to the appropriate officer a request in writing for a review of the officer’s or member’s case by a discharge and demotion board.

• Marginal note:Request to be forwarded to designated officer

  (5) An appropriate officer shall forthwith after receiving a request under subsection (4) forward the request to the officer designated by the Commissioner for the purposes of this section.

• Marginal note:Written representations

  (6) A probationary member who is served with a notice under subsection (1) may, within fourteen days after the notice is served, make written representations to the appropriate officer.

• Marginal note:Notice of decision

  (7) Where an officer or other member, except a probationary member, who is served with a notice under subsection (1) does not request a review of the officer’s or member’s case by a discharge and demotion board within the time limited for doing so, the appropriate officer shall serve the officer or other member with a notice in writing of the decision to recommend discharge or demotion of the officer or to discharge or demote the member, as the case may be.

• Marginal note:Idem

  (8) Where a probationary member who is served with a notice under subsection (1) does not make written representations to the appropriate officer within the time limited for doing so, the appropriate officer shall serve the probationary member with a notice in writing of the decision to recommend discharge of the probationary member or to discharge the probationary member, as the case may be.

• Marginal note:Consideration of written representations

  (9) An appropriate officer shall forthwith after receiving written representations pursuant to subsection (6) consider the representations and either

  • (a) direct that the probationary member be retained in the Force; or

  • (b) serve the probationary member with a notice in writing of the decision to recommend discharge of the probationary member or to discharge the probationary member, as the case may be.

• Marginal note:Effective date

  (10) A member, other than an officer, who is served with a notice under subsection (7), (8) or (9) is discharged on such day as is specified in the notice or is demoted on such day and to such rank or level as is specified in the notice, as the case may be.

• Definition of probationary member

  (11) In this section, probationary member means a member with less than two years of service in the Force.