Commissioner’s Standing Orders (Disciplinary Action)
SOR/88-362
ROYAL CANADIAN MOUNTED POLICE ACT
Registration 1988-06-30
Rules Respecting Disciplinary Action in the Royal Canadian Mounted Police
The Commissioner of the Royal Canadian Mounted Police, pursuant to subsections 2(3)Footnote * and 40(4)Footnote **, paragraph 41(1)(f)Footnote ** and subsections 41(10)Footnote **, 42(8)Footnote ** and 45.12(4)Footnote ** of the Royal Canadian Mounted Police Act, hereby makes the annexed Rules respecting disciplinary action in the Royal Canadian Mounted Police, effective June 30, 1988.
Return to footnote *S.C. 1986, c. 11, s. 1
Return to footnote **S.C. 1986, c. 11, s. 15
Ottawa, June 30, 1988
Short Title
1 These Rules may be cited as the Commissioner’s Standing Orders (Disciplinary Action).
- SOR/96-77, s. 1(F)
Interpretation
2 In these Rules,
- Act
Act means the Royal Canadian Mounted Police Act; (Loi)
- appropriate officer
appropriate officer[Revoked, SOR/89-487, s. 1]
- commanding officer
commanding officer includes the Director of Administrative Services; (commandant divisionnaire)
- level I
level I means the first level in the appeal process with respect to appeals from any informal disciplinary action referred to in paragraphs 41(1)(e) to (g) of the Act; (niveau I)
- level II
level II means the final level in the appeal process set out in subsections 42(4) and (6) of the Act. (niveau II)
- officer
officer[Repealed, SOR/96-77, s. 2]
- SOR/89-487, s. 1
- SOR/96-77, s. 2
Detachment
3 For the purposes of sections 40 and 41 of the Act, detachment includes any organizational component within the Force that is commanded by a member, other than an officer, who reports directly to an officer.
- SOR/96-77, s. 3
Officer
3.1 For the purposes of section 41 of the Act, officer includes those civilian members, special constables and special constable members who are classified at the senior management or executive level.
- SOR/96-77, s. 4
Forfeiture
4 For the purposes of paragraph 41(1)(f) of the Act, forfeiture of regular time off shall be used in circumstances where it is reasonable that the member compensate for time
(a) that the member has spent, while on duty, on activities not associated with the member’s duties; or
(b) that the member has not spent on duty when the member was required to be on duty.
4.1 (1) For the purposes of paragraphs 41(1)(f) and 45.12(3)(d) of the Act, a work day shall be considered to be eight hours and to include, as part of those hours, a meal period of one half hour.
(2) For the purposes of paragraph 45.12(3)(d) of the Act, a work day’s pay is calculated as eight hours’ gross pay, based on the substantive rank of the member on the date forfeiture is ordered.
- SOR/96-77, s. 6
Appeals
5 Level I is as follows:
(a) in the case of a member or probationary member, a designated assistant commissioner; or
(b) in the case of a commanding officer or director, a designated deputy commissioner.
6 An appeal from an informal disciplinary action shall be presented in writing within 14 days after the day on which the member receives
(a) in the case of level I, the decision of the appropriate officer; or
(b) in the case of level II, the level I decision.
7 The appeal period may be extended on presentation of a request therefor by the applicant to the member constituting the appropriate level of appeal.
8 The member constituting the appropriate level of appeal shall render a decision in writing which shall include the reasons therefor, and a copy of the decision shall be provided to the member presenting the appeal.
- Date modified: