Commissioner’s Standing Orders (Grievances and Appeals) (SOR/2014-289)

Decision

Marginal note:Decision at initial level

• 16 (1) An adjudicator may dispose of a grievance at the initial level by rendering a decision

  • (a) dismissing the grievance and confirming the decision, act or omission that is the subject of the grievance; or

  • (b) allowing the grievance and

    • (i) remitting the matter, with directions for reconsidering the decision, act or omission, to the respondent or to the person who is responsible for the reconsideration, or

    • (ii) directing any appropriate redress.

• Marginal note:Considerations

  (2) An adjudicator, when rendering the decision, must consider whether the decision, act or omission that is the subject of the grievance is consistent with the relevant law, or the relevant Treasury Board or Force policy and, if it is not, whether it has caused a prejudice to the grievor.

• Marginal note:Non-compliance with direction

  (3) Despite subsection (2), the adjudicator may, subject to the principles of procedural fairness, dispose of a grievance against the interests of a party that has failed to comply with any of their directions.

Marginal note:Rescission or amendment of decision

• 17 (1) An adjudicator who has rendered a decision that disposes of a grievance at the initial level may

  • (a) amend the decision to correct clerical or typographical errors or any errors of a similar nature or to clarify unclear wording; or

  • (b) if the grievance has not been presented at the final level, rescind or amend their decision on the presentation of new facts or on determining that an error of fact or law was made in reaching the decision.

• Marginal note:Adjudicator’s powers

  (2) For the purposes of paragraph (1)(b), the adjudicator has the powers set out in section 10.

• Marginal note:Opportunity to make submissions

  (3) Before rescinding or amending the decision under paragraph (1)(b), the adjudicator must give the parties an opportunity to make submissions.

• Marginal note:Service

  (4) If the adjudicator rescinds or amends the decision, they must cause a copy of the notice of rescission or a copy of the amended decision to be served on the parties.

Marginal note:Decision at final level

• 18 (1) An adjudicator may dispose of a grievance at the final level by rendering a decision

  • (a) dismissing the grievance and confirming the decision rendered at the initial level; or

  • (b) allowing the grievance and

    • (i) remitting the matter, with directions for reconsidering the decision, act or omission, to the respondent or to the person who is responsible for the reconsideration,

    • (ii) remitting the matter, with directions for rendering a new decision to the adjudicator at the initial level or to another adjudicator, or

    • (iii) directing any appropriate redress.

• Marginal note:Considerations

  (2) An adjudicator, when rendering the decision, must consider whether the decision at the initial level contravenes the principles of procedural fairness, is based on an error of law or is clearly unreasonable.

• Marginal note:Non-compliance with direction

  (3) Despite subsection (2), the adjudicator may, subject to the principles of procedural fairness, dispose of a grievance against the interests of a party that has failed to comply with any of their directions.

Marginal note:Opportunity to make submissions

• 19 (1) The adjudicator at the final level must, before rescinding or amending a decision under subsection 32(3) of the Act, give the parties an opportunity to make submissions.

• Marginal note:Service

  (2) If the adjudicator rescinds or amends the decision, they must cause a copy of the notice of rescission or a copy of the amended decision to be served on the parties.

Marginal note:Return of evidence

20 After the disposition of a grievance, the OCGA must cause to be returned to a party anything that the party tendered as evidence.

PART 2Appeals (Part IV of the Act)

Interpretation

Marginal note:Definitions

21 The following definitions apply in this Part.

appeal

appeal means an appeal made under section 45.11 of the Act. (appel)

appellant

appellant means the member or conduct authority who makes the appeal. (appelant)

parties

parties means the appellant and the respondent. (parties)

respondent

respondent means

• (a) in the case of an appeal of a conduct board’s decision,

  • (i) if the appellant is the member who is the subject of the conduct board’s decision, the conduct authority who initiated the hearing by the conduct board or, if that conduct authority is absent or unable to act, the conduct authority who replaces them, or

  • (ii) if the appellant is the conduct authority who initiated the hearing by the conduct board, the member who is the subject of the conduct board’s decision;

• (b) in the case of an appeal of a conduct authority’s decision, the conduct authority or, if that conduct authority is absent or unable to act, the conduct authority who replaces them; or

• (c) in the case of an appeal that has been consolidated with another appeal, the person designated under paragraph 29(c) or (d). (intimé)

Presentation of Appeal

Marginal note:Statement of appeal

22 An appeal to the Commissioner must be made by filing a statement of appeal with the OCGA within 14 days after the day on which copy of the decision giving rise to the appeal is served on the member who is the subject of that decision. The statement must be accompanied by a copy of the decision that is being appealed and include the following information:

• (a) the appellant’s name and, if any, their employee number;

• (b) a concise statement of the grounds on which the appeal is based; and

• (c) the particulars concerning the redress requested.

Marginal note:Requests under subsection 45.15(3) of Act

• 23 (1) Any request made by a member to the Commissioner not to refer a case to the Committee under subsection 45.15(3) of the Act must be filed in writing, with supporting reasons, with the OCGA within 14 days after the day on which

  • (a) the member is served with a copy of the decision giving rise to the appeal, if the member is the appellant; or

  • (b) the member is served with a copy of the statement of appeal, if the member is the respondent.

• Marginal note:Service of decision

  (2) The Commissioner must cause a copy of his or her decision to be served on the member.

Marginal note:Obligation to file material

24 In the case of an appeal by a member of a decision rendered by a conduct authority, the respondent must, as soon as feasible after being served with the statement of appeal, file with the OCGA the material that was before the conduct authority when the decision was rendered.

Marginal note:Supporting documents

• 25 (1) The OCGA must provide the appellant with an opportunity to file written submissions and other documents in support of their appeal.

• Marginal note:Restriction

  (2) The appellant is not entitled to

  • (a) file any document that was not provided to the person who rendered the decision that is the subject of the appeal if it was available to the appellant when the decision was rendered; or

  • (b) include in their written submissions any new information that was known or could reasonably have been known by the appellant when the decision was rendered.

Marginal note:Service of documents

26 After receiving the statement of appeal and any written submission or other document filed by a party, the OCGA must cause a copy of each one to be served on the other party.

Marginal note:Response to submissions — appeal of conduct authority decision

27 In the case of an appeal of a decision rendered by a conduct authority, the respondent may file with the OCGA, if the respondent is permitted to do so by the Commissioner due to exceptional circumstances, a written response to the appellant’s submissions and the appellant may file with the OCGA a written reply to that response.

Marginal note:Response to submissions — appeal of conduct board decision

28 In the case of an appeal of a decision rendered by a conduct board, the respondent may file with the OCGA a written response to the appellant’s submissions and the appellant may file with the OCGA a written rebuttal to that response.

Commissioner

Marginal note:Commissioner’s powers

29 The Commissioner, when considering an appeal, has the power to decide all matters related to the appeal, including the power

• (a) to render a single decision in respect of the appeal and any other substantially similar appeal that is being considered by the Commissioner;

• (b) to consolidate the appeal with any other appeal of the same decision;

• (c) to consolidate the appeal of an appellant with the appeal of any other appellant that is being considered by the Commissioner, with the consent of the appellants, and to designate the respondent for the consolidated appeal;

• (d) to consolidate the appeal with any other appeal of the appellant that is being considered by the Commissioner and to designate the respondent for the consolidated appeal; and

• (e) to extend the time limit referred to in section 22 and subsection 23(1) in exceptional circumstances.

Marginal note:Conduct of appeal

• 30 (1) The Commissioner must render his or her decision in respect of an appeal or any matter arising in the context of the appeal as informally and expeditiously as the principles of procedural fairness permit.

• Marginal note:Matters not provided for

  (2) If any matter arises in the context of an appeal that is not otherwise provided for in the provisions of the Act, the Regulations or this Part, the Commissioner may give any direction that is appropriate.

• Marginal note:Power to remedy — non-compliance

  (3) The Commissioner may remedy any failure by any party to comply with any provision of this Part.

Marginal note:Withdrawal of appeal

31 An appellant may withdraw their appeal by a written notice to the OCGA before it is disposed of in writing.

Marginal note:Evidence

32 The Commissioner, when considering an appeal or any matter arising in the context of an appeal, may accept any evidence submitted by a party.

Decision

Marginal note:Decision of Commissioner

• 33 (1) The Commissioner, when rendering a decision as to the disposition of the appeal, must consider whether the decision that is the subject of the appeal contravenes the principles of procedural fairness, is based on an error of law or is clearly unreasonable.

• Marginal note:Non-compliance with direction

  (2) Despite subsection (1), the Commissioner may, subject to the principles of procedural fairness, dispose of an appeal against the interests of a party that has failed to comply with any of his or her directions.

Marginal note:Service of decision

34 The Commissioner must cause a copy of the decision referred to in subsection 45.16(7) of the Act to be served on the parties.

Marginal note:Opportunity to make submissions

• 35 (1) Before rescinding or amending a decision under subsection 45.16(10) of the Act, the Commissioner must give the parties an opportunity to make submissions.

• Marginal note:Service

  (2) If the Commissioner rescinds or amends the decision, he or she must cause a copy of the notice of rescission or a copy of the amended decision to be served on the parties.

PART 3Appeals (Other than Part IV of the Act)

Interpretation and Application

Marginal note:Definitions

36 The following definitions apply in this Part.

adjudicator

adjudicator means a person designated as an adjudicator by the Commissioner. (arbitre)

appeal

appeal means an appeal referred to in section 37. (appel)

appellant

appellant means the member who makes an appeal or the former member who makes an appeal of their discharge from the Force. (appelant)

parties

parties means the appellant and the respondent. (parties)

respondent

respondent means

• (a) in the case of an appeal that has not been consolidated with any other appeal, the person who rendered the written decision that is the subject of the appeal or, if that person is absent or unable to act, the person who replaces them; or

• (b) in the case of an appeal that has been consolidated with another appeal, the person designated under paragraph 43(b) or (c). (intimé)

Marginal note:Application

37 This Part provides the process for appeals

• (a) of a written decision that is made in the course of a selection process for the promotion of a member to a higher rank or that is in respect of a job requirement established for a position, other than an official languages requirement;

• (b) of the written decision referred to in subsection 9(2) of the Commissioner’s Standing Orders (General Administration);

• (c) of the written decisions referred to in subsection 20(1) of the Commissioner’s Standing Orders (Employment Requirements);

• (d) of the directive referred to in subsection 20(2) of the Commissioner’s Standing Orders (Employment Requirements); and

• (e) of the written decisions referred to in subsection 32(1) of the Commissioner’s Standing Orders (Conduct).

Presentation of Appeal

Marginal note:Statement of appeal

38 For the purpose of the provisions referred to in section 37, an appeal must be made by filing a statement of appeal with the OCGA within 14 days after the day on which a copy of the decision giving rise to the appeal is served on the member who is the subject of that decision. The statement must be accompanied by a copy of the decision that is being appealed and include the following information:

• (a) the appellant’s name and employee number;

• (b) a concise statement of the reasons why the appellant is of the opinion that the decision that is the subject of the appeal contravenes the principles of procedural fairness, is based on an error of law or is clearly unreasonable; and

• (c) particulars concerning the redress requested.