Interpretation

1 The definitions in this section apply in these Standing Orders.

Act

Act means the Royal Canadian Mounted Police Act. (Loi)

adjudicator

adjudicator means an officer or senior manager designated as an adjudicator by the Commissioner. (arbitre)

complainant

complainant means a member who submits a request for intervention under section 8. (demandeur)

employee

employee means a person employed on an indeterminate basis as a public service employee. (employé)

office for the coordination of grievances

office for the coordination of grievances means the office described in subsection 8(1) or (2), as applicable. (bureau de coordination des griefs)

respondent

respondent means the employee or member whose decision, act or omission is the subject of a request for intervention, or their replacement. (défendeur)

senior manager

senior manager means a member, other than an officer, who is at the senior management or executive level, as set out in Schedules I to III of the Commissioner’s Standing Orders (Precedence). (cadre supérieur)

Application

• 2 (1) These Standing Orders apply instead of Part III of the Act to the presentation and resolution of all grievances of members in respect of

  • (a) a decision, act or omission made in the course of the selection processes for the promotion of members, by which decision, act or omission a member has been aggrieved; or

  • (b) job requirements, other than official languages requirements, established for a position through a decision, act or omission, by which decision, act or omission a member has been aggrieved.

• (2) These Standing Orders apply only to the resolution of grievances initiated by a request for intervention submitted in accordance with these Standing Orders on or after the day on which these Standing Orders come into force.

• (3) These Standing Orders do not apply to grievances with respect to the appropriateness of the promotional system in the Force.

3 These Standing Orders do not apply to decisions, acts or omissions made in relation to an appointment made by the Commissioner pursuant to subsection 31(3) of the Act.

General Provisions

4 The adjudicator shall deal with all matters as expeditiously as the circumstances and considerations of fairness permit.

5 No member shall be disciplined or otherwise penalized in relation to employment or any term of employment in the Force for exercising any right under these Standing Orders.

6 A respondent may select a member of their staff to act on their behalf in the dispute resolution process with respect to a request for intervention.

Process for Redress

Consensual Settlement

• 7 (1) Subject to subsection (2), a member who is aggrieved by any decision, act or omission made in the course of a selection process for the member’s promotion and who attempts to settle the issue directly with the person responsible for the decision, act or omission is not exempt from the obligation to submit a request for intervention within the time provided under subsection 8(1).

• (2) On request by the two parties involved in the consensual settlement process, the adjudicator shall grant an extension of time for submission of a related request for intervention under subsection 8(1).

Submission of Request for Intervention

Time for Submission

• 8 (1) A member who is aggrieved by any decision, act or omission made in the course of a selection process for the member’s promotion may submit a request for the intervention of an adjudicator, to the office for the coordination of grievances in the region where the member is posted, within 30 days after the day on which the member knew or ought to have known of the decision, act or omission.

• (2) A member who is aggrieved by any decision, act or omission made in the course of the establishment of the job requirements for a position may submit a request for the intervention of an adjudicator, to the office for the coordination of grievances in the region where the member is posted, within 30 days after the day on which the job requirements were first published.

• (3) The office for the coordination of grievances shall, on receipt of the request for intervention, provide a copy of the request to the person identified as the respondent in the request.

Content

9 The request for intervention must specify each of the following:

• (a) the decision, act or omission that gave rise to the dispute;

• (b) the prejudice suffered;

• (c) how the decision, act or omission caused the prejudice;

• (d) the corrective action requested;

• (e) the date on which

  • (i) the member knew of the decision, act or omission, in the case of a request for intervention under subsection 8(1), and

  • (ii) the job requirements were first published, in the case of a request for intervention under subsection 8(2); and

• (f) the name of the person whom the member believes to be the respondent.

Identification of Respondent

• 10 (1) If the complainant has incorrectly identified the respondent, the person so identified shall inform the complainant and the adjudicator.

• (2) The adjudicator shall, after consulting with possible respondents, designate the appropriate person to be the respondent and shall provide that person with a copy of the request for intervention.

Response

• 11 (1) As soon as possible after receiving the request for intervention, the respondent shall submit a written response to the office for the coordination of grievances.

• (2) In the response, the respondent may

  • (a) identify the reasons and rationale for the decision, act or omission that gave rise to the dispute;

  • (b) address each issue raised by the complainant; and

  • (c) comment on the corrective action requested by the complainant.

• (3) The office for the coordination of grievances shall, on receipt of the response, provide a copy of the response to the complainant.

Rebuttal

• 12 (1) Within 14 days after receiving the respondent’s response, the complainant may submit a written rebuttal of the response to the office for the coordination of grievances.

• (2) The office for the coordination of grievances shall, on receipt of any rebuttal, provide a copy of the rebuttal to the respondent.

• (3) Except with the permission of the adjudicator under paragraph 14(2)(a), the rebuttal may not raise new facts or grounds.

Supplements

13 The complainant and respondent may supplement their submissions as follows:

• (a) the complainant may supplement

  • (i) their request for intervention at any time before the respondent submits a response, and

  • (ii) their rebuttal within 14 days after it has been submitted to the office for the coordination of grievances; and

• (b) the respondent may supplement their response at any time before the complainant submits a rebuttal or before the time for doing so has expired.

• 14 (1) The complainant and respondent may only raise new facts or grounds with the permission of the adjudicator, except in the circumstances described in subparagraph 13(a)(i) and paragraph 13(b).

• (2) The adjudicator shall permit the complainant or the respondent to raise new facts or grounds if the new facts or grounds could influence the resolution of the dispute and

  • (a) in the case of the complainant, if the new facts or grounds were not ascertainable by the complainant within the time limit referred to in subparagraph 13(a)(i); and

  • (b) in the case of the respondent, if the new facts or grounds were not ascertainable by the respondent within the time limit referred to in paragraph 13(b).

• (3) The adjudicator may not permit new facts or grounds to be raised after the decision referred to in section 25 has been made.

• (4) If the adjudicator permits new facts or grounds to be raised, the respondent or complainant, as the case may be, shall reply to the new facts or grounds as soon as possible after they are raised.

Class Request for Intervention

15 Two or more members who are entitled to submit individual requests for intervention under these Standing Orders may, if the individual requests would raise a common issue for adjudication, as co-complainants, submit a joint request for intervention, signed by each of them.

Joining of Requests for Intervention

• 16 (1) If two or more requests for intervention are based on substantially the same issue, the adjudicator may elect to deal with the requests for intervention together.

• (2) The adjudicator shall advise the complainants and respondents of any decision of the adjudicator to join two or more requests for intervention.

Representation of Complainant

• 17 (1) The complainant may be represented or assisted by another member, but the limitations set out in the Commissioner’s Standing Orders (Representation) shall apply to that representation or assistance.

• (2) The communications described in subsection 47.1(2) of the Act that pass in confidence between the complainant and the member who represents or assists the complainant shall be protected in the manner set out in that subsection.

Adjudication

Written Submissions

18 All submissions to the adjudicator shall be in writing. No oral submissions are permitted.

Particulars

19 The adjudicator may order the complainant or the respondent to provide further particulars regarding any matter contained in a submission.

Additional Documentation

• 20 (1) The adjudicator may, on notice to the complainant and respondent, request any other member or employee to submit additional documentation relevant to a request for intervention.

• (2) The adjudicator shall advise the complainant and respondent of any additional documentation received by the adjudicator within a reasonable time after its receipt.

• (3) On request, the adjudicator shall provide the complainant and respondent with an opportunity to review any additional documentation received by the adjudicator.

Jurisdiction of the Adjudicator

Preliminary or Collateral Matters

• 21 (1) The adjudicator shall decide all matters relating to a request for intervention, including any preliminary or collateral matters.

• (2) The adjudicator shall reject any request for intervention that does not conform with the requirements of section 9.

Decision on the Merits

• 22 (1) If a request for intervention is not rejected under subsection 21(2), the adjudicator

  • (a) shall dismiss the request for intervention; or

  • (b) shall, if the adjudicator determines that a decision, act or omission is erroneous and has prejudiced the complainant, order appropriate corrective action.

• (2) In the case of a request for intervention under subsection 8(1), the only corrective action that may be awarded by the adjudicator is an order that the erroneous decision, act or omission be corrected.

• (3) In the case of a request for intervention under subsection 8(2), the only corrective action that may be awarded by the adjudicator is an order requiring the addition or deletion of one or more job requirements for the position and requiring publication of the revised job requirements.

23 The decision of the adjudicator to grant a request for intervention shall not extend to a determination of whether or not the complainant is entitled to be promoted.

Written Decisions

24 The adjudicator shall give their decisions in writing, with reasons, and shall provide a copy of their decisions to the complainant and respondent.

Final Decision

25 The decision of the adjudicator that disposes of a request for intervention is not subject to appeal or further review.

Withdrawal

26 The complainant may withdraw their request for intervention at any time by notice in writing to the adjudicator and the respondent.

Extensions of Time

• 27 (1) The adjudicator may, on request for an extension of time, in justifiable situations, order that the time for complying with subsection 8(1) or (2) or 12(1) begins to run only when the situation in question is no longer in effect.

• (2) The justifiable situations for an order extending time are the following:

  • (a) when the member is on sick leave; or

  • (b) when the member is assigned to an operation within the Force that prevents the member from presenting their case in a complete manner.

• (3) The request for an extension of time under this section must be made before the expiry of the original time for compliance under subsection 8(1) or (2) or 12(1), as applicable.

Coming into Force

28 These Standing Orders come into force on the day on which they are registered.