Commissioner’s Standing Orders (Conduct) (SOR/2014-291)

Marginal note:Witnesses to appear

• 18 (1) Within 30 days after the day on which the notice of hearing is served, the parties must submit to the conduct board a list of the witnesses that they want to have summoned before the board and a list of the issues in respect of which they may want to rely on expert testimony.

• Marginal note:Information on witnesses

  (2) The list of witnesses must include

  • (a) the name and address of each witness;

  • (b) the reasons for requesting the appearance of each witness;

  • (c) a summary of the anticipated evidence of each witness; and

  • (d) the appropriate means that will allow each witness to testify.

• Marginal note:List of witnesses

  (3) The board must establish a list of the witnesses that it intends to summon, including any expert in respect of whom a party has indicated an intention under subsection 19(3) to question, and may seek further submissions from the parties.

• Marginal note:Providing reasons

  (4) The board must provide the parties with the list of witnesses that it will hear and its reasons for accepting or refusing any witness on the list submitted by the parties.

Marginal note:Expert report

• 19 (1) Any party who intends to use an expert report must, at least 30 days before the hearing, submit it to the conduct board and serve it on the other party.

• Marginal note:Contents of expert report

  (2) The expert report must contain the following:

  • (a) a statement of the issues addressed in the report;

  • (b) a description of the expert’s qualifications with respect to those issues;

  • (c) the expert’s curriculum vitae, attached as a schedule;

  • (d) a summary of the opinions expressed in the report;

  • (e) the facts and assumptions on which the opinions are based;

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

  • (g) the reasons supporting each opinion expressed;

  • (h) a summary of the methodology on which the expert has relied;

  • (i) the expert’s findings;

  • (j) in the case of a medical expert’s report, the expert’s opinions concerning the diagnosis and prognosis for the person who is the subject of the report; and

  • (k) any literature or other documents specifically relied on in support of the opinions expressed.

• Marginal note:Responding expert report

  (3) A party who is served with an expert report must, within 14 days after the day on which it is served, notify the board and the other party of their intention, if any, to question the expert or to obtain a responding expert report. The board must fix a deadline for the submission of a responding expert report.

Marginal note:Reading of allegations

• 20 (1) At the commencement of a hearing, the conduct board must read to the subject member each allegation of contravention of the Code of Conduct that is set out in the notice of the hearing, and the member must admit or deny each allegation.

• Marginal note:Deemed denial

  (2) If a member does not admit or deny an allegation, the member is deemed to have denied the allegation.

• Marginal note:Change of position

  (3) The board may permit a member to change their position in respect of an allegation at any time before the final decision in respect of the allegation is rendered.

Marginal note:Adjournment

21 The conduct board may, if necessary, adjourn the hearing for up to 30 days or, in exceptional circumstances, for a longer period.

Marginal note:Recording of proceedings

22 A hearing before a conduct board must be recorded and, at the request of a party who is appealing a decision of the board, a transcript of the recording must be prepared and given to them.

Marginal note:Decision without further evidence

• 23 (1) If no testimony is heard in respect of an allegation, the conduct board may render a decision in respect of the allegation based solely on the record.

• Marginal note:Member guilty of offence

  (2) The conduct board may rely on a finding by a court in Canada that a member is guilty of an offence under an Act of Parliament or of the legislature of a province to decide that the member has contravened the Code of Conduct.

Marginal note:Decision on conduct measures

• 24 (1) In determining the appropriate conduct measures to impose, the conduct board may examine any material submitted by the parties and hear their oral submissions and any witness, including those referred to in subsection 18(1).

• Marginal note:Proportionality

  (2) The conduct board must impose conduct measures that are proportionate to the nature and circumstances of the contravention of the Code of Conduct.

Marginal note:Decision

• 25 (1) The conduct board must render a decision as soon as feasible after the hearing.

• Marginal note:Taking effect of decision

  (2) An oral decision that is rendered in the presence of the subject member takes effect immediately. A written decision takes effect as soon as a copy of it is served on the member.

• Marginal note:Service of decision

  (3) The conduct board must cause a copy of the decision to be served on the subject member and the conduct authority.

Marginal note:Record of conduct proceedings

26 The conduct board must compile a record after the hearing, including

• (a) the notice of hearing referred to in subsection 43(2) of the Act;

• (b) the notice served on the subject member of the place, date and time of the hearing;

• (c) a copy of any other information provided to the board;

• (d) a list of any exhibits entered at the hearing;

• (e) the directions, decisions, agreements and undertakings, if any, referred to in subsection 16(2);

• (f) the recording and the transcript, if any, of the hearing; and

• (g) a copy of all written decisions of the board.

Marginal note:Return of exhibits

• 27 (1) Unless the conduct board decides otherwise, it must cause to be returned to a party anything the party tendered as an exhibit, after the end of the period in which an appeal may be presented, or, if an appeal has been presented, after the disposition of the appeal.

• Marginal note:Destruction or disposal of exhibits

  (2) At the request of a party or if a party refuses to accept a returned exhibit, the conduct board must cause the exhibit to be destroyed or disposed of.

Waiver

Marginal note:Written waiver

28 Any waiver by a subject member of a right under these Standing Orders must be made in writing.

Representation

Marginal note:Definitions

29 The following definitions apply in this section and in sections 30 and 31.

assistance

assistance means legal guidance and information provided to a subject member who may be subject to the serious conduct measures referred to in paragraphs5(1)(a) to (j) or who has received the notice under section 10, or to the conduct authority in respect of the subject member. (assistance)

Conduct Authority Representative

Conduct Authority Representative means a person who is authorized by the Director of the Conduct Authority Representative Directorate to provide representation or assistance to a conduct authority. (représentant des autorités disciplinaires)

Conduct Authority Representative Directorate

Conduct Authority Representative Directorate means the unit within the Force that provides representation or assistance to a conduct authority. (Direction des représentants des autorités disciplinaires)

Member Representative

Member Representative means a person who is authorized by the Director of the Member Representative Directorate to provide representation or assistance to a subject member. (représentants des membres)

Member Representative Directorate

Member Representative Directorate means the unit within the Force that may provide representation or assistance to a subject member. (Direction des représentants des membres)

representation

representation means the act of representing a subject member or conduct authority, including providing legal advice, litigation or advocacy for the purpose of these Standing Orders. (représentation)

Marginal note:Member representation

• 30 (1) A Member Representative may provide representation to a subject member if the member

  • (a) is subject to a stoppage of pay and allowances under paragraph 22(2)(b) of the Act;

  • (b) has received a notice under subsection 43(2) of the Act; or

  • (c) is a respondent in an appeal instituted by a conduct authority under subsection 45.11(1) of the Act.

• Marginal note:Member assistance

  (2) A Member Representative may provide assistance to a subject member if the member

  • (a) is subject to any of the conduct measures set out in paragraphs 5(1)(a) to (j); or

  • (b) has been served with a notice under subsection 10(1).

• Marginal note:Exceptions

  (3) If the Director of the Member Representative Directorate decides that one of the following circumstances applies, a Member Representative must not represent or assist a subject member:

  • (a) the Member Representative is involved in the alleged misconduct as a party, witness, participant, or interested person;

  • (b) any representation or assistance could result in a conflict of interest;

  • (c) any representation or assistance could impair the efficiency, administration or good government of the Force.

• Marginal note:Discontinuation

  (4) The Director may discontinue providing representation or assistance if the subject member

  • (a) engages in deceitful conduct towards the Member Representative assigned to the member;

  • (b) fails to cooperate with the Member Representative;

  • (c) requests or encourages the Member Representative to act in a manner that is unlawful or unethical; or

  • (d) acts in a manner that causes an irreparable breach of confidence in the Member Representative’s relationship with the subject member.

• Marginal note:Service of decision

  (5) If, under subsection (3), a subject member cannot be represented or assisted or if, under subsection (4), the Director discontinues the provision of representation or assistance, the Director must cause a notice to this effect to be served on the subject member.

• Marginal note:Excluded costs

  (6) If a subject member is not represented or assisted by a Member Representative, the subject member is responsible for all of the subject member’s costs in responding to an allegation of a contravention of the Code of Conduct.

Marginal note:Non-application to unionized members

30.1 Section 30 does not apply to a subject member who is a member of a bargaining unit that is represented by a bargaining agent.

Marginal note:Conduct authority representation

• 31 (1) A Conduct Authority Representative may represent a conduct authority in the following circumstances:

  • (a) a conduct authority intends to direct that a subject member’s pay and allowances be stopped under paragraph 22(2)(b) of the Act;

  • (b) a conduct authority intends to initiate a conduct hearing under subsection 41(1) of the Act; or

  • (c) a conduct authority intends to appeal or is a respondent in an appeal of a conduct board decision under subsection 45.11(1) of the Act.

• Marginal note:Conduct authority assistance

  (2) A Conduct Authority Representative may provide assistance

  • (a) to a conduct authority who intends to impose any of the measures set out in paragraphs 5(1)(a) to (j); or

  • (b) to a review authority who intends to prepare the notice referred to in subsection 10(1).

• Marginal note:Exceptions

  (3) If the Director of the Conduct Authority Representative Directorate decides that one of the following circumstances applies, a Conduct Representative must not represent or assist a conduct authority:

  • (a) the Conduct Authority Representative is involved in the alleged misconduct as a party, witness, participant or interested person;

  • (b) any representation or assistance could result in a conflict of interest;

  • (c) any representation or assistance could impair the efficiency, administration or good government of the Force.

• Marginal note:Limitation

  (4) Only persons who are Conduct Authority Representatives are authorized to provide representation and assistance under subsections (1) and (2) to conduct authorities.

Appeal

Marginal note:Redress for certain written decisions

• 32 (1) A member who is aggrieved by one of the following written decisions may seek redress by means of an appeal of the decision in accordance with the Commissioner’s Standing Orders (Grievances and Appeals):

  • (a) the decision by a conduct authority to temporarily reassign the member to other duties during a conduct process;

  • (b) the decision to suspend the member under section 12 of the Act;

  • (c) the decision to direct that the member’s pay and allowances be stopped under paragraph 22(2)(b) of the Act; and

  • (d) the decisions to deny or discontinue representation or assistance under subsection 30(3) or (4).

• Marginal note:Redress for other decisions, acts or omissions

  (2) A member who is aggrieved by any decision, act or omission that leads to one of the written decisions set out in paragraphs (1)(a) to (d) may seek redress by means of an appeal of the decision in accordance with the Commissioner’s Standing Orders (Grievances and Appeals).

• Marginal note:Effect of appeal

  (3) An appeal made under this section does not stay the execution of the written decision being appealed or of any related process.