Vol. 148, No. 26 — December 17, 2014

Registration

SOR/2014-289 November 28, 2014

ROYAL CANADIAN MOUNTED POLICE ACT

Commissioner’s Standing Orders (Grievances and Appeals)

The Commissioner of the Royal Canadian Mounted Police, pursuant to paragraphs 21(2)(h) (see footnote a) and (m)a, sections 36 (see footnote b) and 39.1 (see footnote c) and subsection 47.1(3) (see footnote d) of the Royal Canadian Mounted Police Act (see footnote e), makes the annexed Commissioner’s Standing Orders (Grievances and Appeals).

Ottawa, November 28, 2014

BOB PAULSON
Commissioner of the Royal Canadian Mounted Police

TABLE OF PROVISIONS

(This table is not part of the Standing Orders.)

COMMISSIONER’S STANDING ORDERS (GRIEVANCES AND APPEALS)

INTERPRETATION

1. Definitions

PART 1

GRIEVANCES

INTERPRETATION

2. Definitions

3. Initial level

4. Standardized test

ACCESS TO INFORMATION

5. Limitations under subsection 31(4) of Act

PANEL FOR GRIEVANCES

6. Initial level panel

PRESENTATION OF GRIEVANCE

7. Initial level grievance

8. Request to not forward

INFORMAL RESOLUTION

9. Informal resolution

ADJUDICATOR

10. Adjudicator’s powers

11. Conduct of grievance

12. Case conference

PROCEDURE

13. Submissions

14. Withdrawal of grievance

15. Evidence

DECISION

16. Decision at initial level

17. Rescission or amendment of decision

18. Decision at final level

19. Opportunity to make submissions

20. Return of evidence

PART 2

APPEALS (PART IV OF THE ACT)

INTERPRETATION

21. Definitions

PRESENTATION OF APPEAL

22. Statement of appeal

23. Requests under subsection 45.15(3) of Act

24. Obligation to file material

25. Supporting documents

26. Service of documents

27. Response to submissions — appeal of conduct authority decision

28. Response to submissions — appeal of conduct board decision

COMMISSIONER

29. Commissioner’s powers

30. Conduct of appeal

31. Withdrawal of appeal

32. Evidence

DECISION

33. Decision of Commissioner

34. Service of decision

35. Opportunity to make submissions

PART 3

APPEALS (OTHER THAN PART IV OF THE ACT)

INTERPRETATION AND APPLICATION

36. Definitions

37. Application

PRESENTATION OF APPEAL

38. Statement of appeal

39. Obligation to file material

40. Supporting documents

41. Service of documents

INFORMAL RESOLUTION

42. Informal resolution

ADJUDICATOR

43. Adjudicator’s powers

44. Conduct of appeal

PROCEDURE

45. Withdrawal of appeal

46. Evidence

DECISION

47. Adjudicator’s decision

48. Rescission or amendment of decision

49. Return of evidence

REFERENCE TO COMMITTEE

50. Request not to refer

PART 4

COMING INTO FORCE

51. Registration

COMMISSIONER’S STANDING ORDERS (GRIEVANCES AND APPEALS)

INTERPRETATION

Definitions

1. The following definitions apply in these Standing Orders.

“Act”
« Loi »

“Act” means the Royal Canadian Mounted Police Act.

“document”
« document »

“document” has the same meaning as in section 40.1 of the Act.

“informal resolution process”
« processus de règlement informel »

“informal resolution process” means a process used by the parties to resolve a dispute informally and includes the informal conflict management system established under section 30.2 of the Act.

“OCGA”
« BCGA »

“OCGA” means the office responsible for the coordination of administrative matters relating to grievances and appeals in the Force.

“Regulations”
« Règlement »

“Regulations” means the Royal Canadian Mounted Police Regulations, 2014.

PART 1

GRIEVANCES

INTERPRETATION

Definitions

2. The following definitions apply in this Part.

“adjudicator”
« arbitre »

“adjudicator” means a person constituting the initial level or the final level.

“final level”
« dernier niveau »

“final level” means the final level in the grievance process.

“grievance”
« grief »

“grievance” means a grievance presented under section 31 of the Act.

“grievor”
« plaignant »

“grievor” means a member who presents a grievance.

“initial level”
« premier niveau »

“initial level” means the initial level in the grievance process.

“parties”
« parties »

“parties” means the grievor and the respondent.

“respondent”
« intimé »

“respondent” means

Initial level

3. (1) The persons who constitute the initial level are the persons who perform the functions of a level 1 in the Force.

Initial level — three persons

(2) For the purpose of subsection 6(1), all combinations of any three persons who perform the functions of a level 1 in the Force constitute the initial level.

Standardized test

4. For the purpose of subsection 31(4.2) of the Act, a “standardized test” is a test that is used by the Force to assess an individual’s behaviour, knowledge and experience in order to evaluate jobrelevant competencies, and includes the marking scheme, the answer key and any materials prepared for the purpose of developing the test. The content of the test must be equivalent for all test-takers, be administered according to standard instructions and procedures and be scored according to a set protocol.

ACCESS TO INFORMATION

Limitations under subsection 31(4) of Act

5. For the purpose of the limitations referred to in subsection 31(4) of the Act, a member is not entitled to be granted access to written or documentary information

PANEL FOR GRIEVANCES

Initial level panel

6. (1) The Commissioner may designate a person to select any three-person combination described in subsection 3(2) as a panel.

Panel selection

(2) The designated person may select the panel for the purpose of hearing a grievance in the following circumstances:

Chairperson

(3) The designated person must designate one of the three persons to be the chairperson of the panel. The chairperson is responsible for its day-to-day management, including the management of communications between the panel and the OCGA and the panel and the parties.

Panel decision

(4) Matters before a panel are decided by a majority of the members of the panel. The chairperson has a second vote in the case of a tie.

PRESENTATION OF GRIEVANCE

Initial level grievance

7. (1) A grievor presents a grievance at the initial level by filing a grievance form with the OCGA or the grievor’s supervisor that includes the following information:

Final level grievance

(2) A grievor presents a grievance at the final level by filing with the OCGA or the grievor’s supervisor

Transmission of grievance

(3) A supervisor presented with a grievance form must forward it, together with any request submitted under subsection 8(1), to the OCGA as soon as feasible.

Transmission of copy of grievance

(4) The OCGA must forward a copy of any grievance form that it receives to the respondent and to the person who holds the first position of officer or its equivalent in the respondent’s chain of command, or to the person named in the decision rendered under subsection 8(3).

Request to not forward

8. (1) A grievor who wishes to object to a copy of the grievance form referred to in subsection 7(1) being forwarded to the person who holds the first position of officer or its equivalent in the respondent’s chain of command must, when they present their grievance, submit to the OCGA a written request not to forward it that includes supporting reasons.

Transmission of request

(2) The OCGA must forward the request and a copy of the grievance form to the adjudicator who is considering the grievance.

Decision on request

(3) The adjudicator must render a decision on the request, including reasons for the decision, as soon as feasible, and send the decision to the OCGA. If the adjudicator allows the request, they must name in the decision an appropriate person for the purpose of receiving a copy of the grievance form.

Service of decision

(4) The OCGA must cause a copy of the adjudicator’s decision to be served on the parties.

INFORMAL RESOLUTION

Informal resolution

9. (1) As soon as feasible after receiving a copy of a grievance form, the respondent must contact the grievor to discuss an informal resolution of the grievance.

Refusal to discuss grievance

(2) If the grievor refuses to discuss the grievance, or any aspect of it, with a view to resolving it informally, the respondent must provide written notice of that fact to the OCGA and cause a copy of it to be served on the grievor.

Continuing resolution

(3) The parties may, until the adjudicator disposes of the grievance in writing, continue to attempt to resolve the matters in dispute by way of an informal resolution process.

Agreements for informal resolution

(4) On request by a party, the adjudicator who is considering a grievance may

Communications confidential and without prejudice

(5) Any communications that pass among persons as a part of an informal resolution process are confidential, without prejudice to the parties and must not be disclosed unless the disclosure is

ADJUDICATOR

Adjudicator’s powers

10. An adjudicator, when considering a grievance, has the power to decide all matters related to the grievance, including the power

Conduct of grievance

11. (1) An adjudicator must render their decision in respect of a grievance or any matter arising in the context of the grievance as informally and expeditiously as the principles of procedural fairness permit.

Matters not provided for

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

Power to remedy — non-compliance

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

Case conference

12. (1) An adjudicator who is considering a grievance or any matter arising in the context of a grievance may, on their own initiative or at the request of a party, hold a case conference to discuss the grievance or matter.

Communications confidential and without prejudice

(2) Any communications that pass among persons as a part of a case conference are confidential, without prejudice to the parties and must not be disclosed unless the disclosure is

Adjudicator not barred

(3) An adjudicator who holds a case conference is not prevented from exercising any of their other powers.

PROCEDURE

Submissions

13. (1) The parties may make submissions on any matter in dispute in respect of the grievance.

Types of submissions

(2) An adjudicator who is considering the grievance or any matter arising in the context of the grievance is responsible for deciding how and when the submissions may be made.

Decision in absence of submissions

(3) The adjudicator may render a decision on a matter in dispute in respect of the grievance in the absence of submissions from one or both of the parties if reasonable notice has been provided to them as to how and when submissions may be made in respect of the matter.

Withdrawal of grievance

14. A grievor may withdraw their grievance by written notice to the OCGA before it is disposed of in writing.

Evidence

15. An adjudicator, when considering a grievance or any matter arising in the context of a grievance, may accept any evidence submitted by a party.

DECISION

Decision at initial level

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

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.

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.

Rescission or amendment of decision

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

Adjudicator’s powers

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

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.

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.

Decision at final level

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

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.

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.

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.

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.

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 2

APPEALS (PART IV OF THE ACT)

INTERPRETATION

Definitions

21. The following definitions apply in this Part.

“appeal”
« appel »

“appeal” means an appeal made under section 45.11 of the Act.

“appellant”
« appelant »

“appellant” means the member or conduct authority who makes the appeal.

“parties”
« parties »

“parties” means the appellant and the respondent.

“respondent”
« intimé »

“respondent” means

PRESENTATION OF APPEAL

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:

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

Service of decision

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

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.

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.

Restriction

(2) The appellant is not entitled to

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.

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.

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

Commissioner’s powers

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

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.

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.

Power to remedy — non-compliance

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

Withdrawal of appeal

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

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

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.

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.

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.

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.

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 3

APPEALS (OTHER THAN PART IV OF THE ACT)

INTERPRETATION AND APPLICATION

Definitions

36. The following definitions apply in this Part.

“adjudicator”
« arbitre »

“adjudicator” means a person designated as an adjudicator by the Commissioner.

“appeal”
« appel »

“appeal” means an appeal referred to in section 37.

“appellant”
« appelant »

“appellant” means the member who makes an appeal or the former member who makes an appeal of their discharge from the Force.

“parties”
« parties »

“parties” means the appellant and the respondent.

“respondent”
« intimé »

“respondent” means

Application

37. This Part provides the process for appeals

PRESENTATION OF APPEAL

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:

Obligation to file material

39. 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 person who rendered the written decision that is the subject of the appeal when that decision was rendered.

Supporting documents

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

Restriction

(2) The appellant is not entitled to

Service of documents

41. 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.

INFORMAL RESOLUTION

Informal resolution

42. (1) The parties may, until the adjudicator disposes of an appeal in writing, attempt to resolve the matters in dispute by way of an informal resolution process.

Agreements for informal resolution

(2) On request by a party, the adjudicator who is considering an appeal may

Communications confidential and without prejudice

(3) Any communications that pass among persons as a part of an informal resolution process are confidential, without prejudice to the parties and must not be disclosed unless the disclosure is

ADJUDICATOR

Adjudicator’s powers

43. An adjudicator, when considering an appeal, has the power to decide all matters related to the appeal, including the power

Conduct of appeal

44. (1) An adjudicator must render their 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.

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 adjudicator may give any direction that is appropriate.

Power to remedy — non-compliance

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

PROCEDURE

Withdrawal of appeal

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

Evidence

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

DECISION

Adjudicator’s decision

47. (1) An adjudicator may dispose of an appeal by rendering a decision

Decision in writing

(2) An adjudicator considering an appeal must, as soon as feasible, render a decision in writing that disposes of the appeal and includes reasons for the decision. The decision is final and binding.

Considerations

(3) An adjudicator, when rendering the decision, 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.

Non-compliance with direction

(4) Despite subsection (3), the adjudicator 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 their directions.

Decision rendered in absence of Committee recommendations

(5) If an appeal has been referred to the Committee under section 17 of the Regulations, the adjudicator may render a decision on the appeal in the absence of any findings or recommendations made by the Committee if the Committee Chairperson indicates to the OCGA that the Committee will not be making any or if the Committee does not make any within a reasonable time.

Adjudicator not bound

(6) The adjudicator is not bound to act on any findings or recommendations made by the Committee but, if the adjudicator does not so act, the adjudicator must include in the decision on the appeal the reasons for not so acting.

Service of decision on parties

(7) The adjudicator must cause a copy of the decision to be served on the parties.

Service of decision on Committee

(8) If the appeal has been referred to the Committee under section 17 of the Regulations, the adjudicator must cause a copy of the decision to be served on the Committee Chairperson.

Rescission or amendment of decision

48. (1) An adjudicator may

Adjudicator’s powers

(2) For the purpose of paragraph (1)(b), the adjudicator has the powers set out in section 43 and subsection 47(1).

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.

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 and, if the appeal has been referred to the Committee under section 17 of the Regulations, on the Committee Chairperson.

Return of evidence

49. After the disposition of an appeal, the OCGA must cause to be returned to a party anything that the party tendered as evidence.

REFERENCE TO COMMITTEE

Request not to refer

50. (1) An appellant requesting that their appeal not be referred to the Committee under section 17 of the Regulations must, when they make their appeal, submit to the OCGA a written request that includes supporting reasons.

Transmission of request

(2) The OCGA must forward the request and a copy of the statement of appeal to the adjudicator who is considering the appeal.

Adjudicator’s decision

(3) The adjudicator may allow the request or, if the adjudicator considers that a reference to the Committee is appropriate, reject it.

Transmission of decision

(4) The adjudicator must render a decision in writing on the request, including reasons for the decision, as soon as feasible, and send a copy of the decision to the OCGA.

Service of decision

(5) The OCGA must cause a copy of the adjudicator’s decision to be served on the parties.

Material to be provided to Committee

(6) If the adjudicator refers an appeal to the Committee in accordance with section 17 of the Regulations, the OCGA must provide the Committee Chairperson with

PART 4

COMING INTO FORCE

Registration

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

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Commissioner’s Standing Orders.)

Issues

The Enhancing Royal Canadian Mounted Police Accountability Act (the Accountability Act), which received Royal Assent on June 19, 2013, introduces significant changes to the Royal Canadian Mounted Police Act (the Act) to support the efforts of the Royal Canadian Mounted Police (RCMP) to support law enforcement operations through increased accountability in respect of the manner in which the force is administered. The changes to the Act created a requirement to review the RCMP’s Commissioner’s Standing Orders (CSOs) and the Royal Canadian Mounted Police Regulations, 1988 (the 1988 Regulations) to ensure that they align with the authorities, requirements, functions and powers provided by the Accountability Act. As a result of this review, the 1988 Regulations will be repealed and replaced with the Royal Canadian Mounted Police Regulations, 2014 (the 2014 Regulations) and 20 existing CSOs (see footnote 1) will be repealed and consolidated into five new CSOs:

The purpose of this Regulatory Impact Analysis Statement (RIAS) is to provide information in respect of the CSOs (Grievances and Appeals). The other four CSOs are each addressed in a separate RIAS. The five CSOs, subsections 87(1), (3) and (4) of the Accountability Act, and the 2014 Regulations must all come into force at the same time in order to ensure the smooth and efficient implementation of the totality of the new systems created by the new statutory regime.

Background

In 2007, the government-appointed Task Force on Governance and Cultural Change in the RCMP (see footnote 2) provided recommendations relating to organizational structure, oversight, accountability, leadership, workload, employee wellness, and management. Also in 2007, the Department of Public Safety and Emergency Preparedness commenced a strategy to enhance the RCMP public complaints process in response to the report on the events relating to Maher Arar. (see footnote 3) In addition, beginning in late 2011, serving and retired members of the Force began to raise concerns in respect of harassment in the RCMP and challenged the Force’s commitment to providing employees with a safe, healthy, respectful and harassment-free workplace. The cumulative effect of these events resulted in Government direction to assess the feasibility of proceeding with amendments to the legislative suite governing the RCMP in an effort to begin to transform the manner in which it managed RCMP members, and to enhance the organization’s level of responsibility and accountability, both internally and externally. Government support for transformation resulted in the tabling of the Accountability Act on June 20, 2012, which was consequently subject to extensive examination during the parliamentary process.

The Accountability Act is based on two former bills that were introduced during the third session of the 40th Parliament in June 2010. It contains the legislative amendments found in former Bill C-38 — Ensuring the Effective Review of RCMP Civilian Complaints Act (with minor technical amendments) and certain human resources management components of former Bill C-43 — RCMP Modernization Act. Both these bills died on the Order Paper when an election was called in March 2011.

Although the Accountability Act received Royal Assent in June 2013, implementation is still subject to the coming into force of those parts that provide the authorities for the amended human resource management and administrative processes. As a consequence, the next step is to align the statutory instruments that are provided for by the Act, specifically the Regulations and the CSOs, with the new authorities, requirements, functions and powers provided for in the Accountability Act. All of the statutory components are in turn supported by policies, process maps, guidebooks, and training materials.

While certain details relating to the RCMP grievance process are contained in the Act and the 2014 Regulations, the CSOs will establish a single dispute resolution framework capable of addressing all grievances, appeals or other forms of redress, allowing for procedural consistency, fairness and efficiency. This structure will serve to replace the approximately 18 different dispute resolution processes or sub-processes that currently exist. However, while most of the procedural steps will be based in the CSOs, certain requirements remain within the purview of the Governor in Council and will be set out in the Regulations, specifically the identification of those appeals and grievances that must be referred to the External Review Committee (ERC). The ERC provides independent impartial review of certain RCMP grievances and appeals of conduct, discharge and demotion decisions prior to final disposition by the Commissioner. The Commissioner is not bound by the findings and recommendations of the ERC but must provide reasons if he/she does not act on them. The 2014 Regulations, under Part II, set out the types of appeals that must first be referred to the ERC for review prior to final determination:

Objectives

Subsection 2(2) of the Act defines CSOs as “the rules made by the Commissioner under any provision of this Act empowering the Commissioner to make rules.” Simply put, the CSOs are statutory instruments created under the Commissioner’s authority which establish the essential components that are necessary for the implementation of various procedures. The CSOs (Grievances and Appeals) will further define and clarify how members may seek redress in response to any decisions, acts or omissions that lead to a culminating decision under one or more of the Commissioner’s authorities as provided for under the Act, the Regulations, the CSOs or the policies. In particular, these CSOs will establish the single framework through which all requests for redress will be processed, how those requests will be reviewed, and the powers provided to adjudicators to exercise their decision-making function. Please note, any grievances related to classification processes will continue to follow the procedures set out in the Commissioner’s Standing Orders (Classification Redress Process for Members).

Description

The CSOs (Grievances and Appeals) provide further context and detailed steps to support the procedural changes introduced in the Accountability Act and the 2014 Regulations. Overall, they serve to consolidate and standardize processes, procedures, and oversight of grievances and appeals into two basic systems and one administrative structure. Classification grievances are the sole category of grievances not included.

Under this new integrated process, existing disjointed appeal and redress processes will be handled through the same administrative structure and staff, and reviewed by decision-makers dedicated to these processes. This will allow for front-line managers to focus on prevention and early intervention of workplace issues, supported by a professionalized informal conflict management system.

These CSOs will provide for the following major changes to the Grievances and Appeals framework within the RCMP:

The CSOs (Grievances and Appeals) will be an important resource for those who administer the new framework, as well as for RCMP members. The RCMP branches responsible for Grievances and Appeals will administer the process on a national level and will provide services to all parties, including subject members, grievors, appellants, and respondents, Recourse and Conduct Adjudicators, Recourse Appeals and Review Adjudicators, Recourse Analysts, and other stakeholders such as the ERC. These CSOs offer clarity and direction to help maneuver through the grievance, Part IV and alternative appeals processes, and provide grievance and appeal mechanisms for RCMP members at all ranks who may be aggrieved by a decision, an act, or an omission made in the administration of the affairs of the RCMP.

“One-for-One” Rule

The “One-for-One” Rule does not apply to this proposal, as there are no changes in administrative costs to business.

Small business lens

The small business lens does not apply to this proposal, as there are no costs to small business.

Consultation

The RCMP has conducted consultations in various forms with internal and external stakeholders affected by the proposed legislative amendments. In regard to the development of the new human resource management and administrative processes created by the amendments to the Act, beginning in June 2011, the RCMP created internal working groups, consisting of applicable subject matter experts, member and employee representatives, and divisional service providers and managers, to collaboratively identify options for the establishment of the form and structures for the new processes, procedures, policies, and training. These working groups played a key role in determining the contents of each of the CSOs, as even following the cessation of the working groups in late 2013, draft products, such as the proposed provisions for the 2014 Regulations, the Code of Conduct, policies, guidebooks and the CSOs were shared with the Staff Relations Representative Program, the official labour relations program of the RCMP, public service employee bargaining agents, and internal and external subject matter experts, for review and feedback.

To offer further opportunities for all employees to provide input, the RCMP created an internal Web site in June 2011, in order to provide information and updates on the implementation of the Accountability Act and how it could impact the Force and its employees. The site also provided email access to the RCMP team tasked with coordinating the response to the Accountability Act, and several thousand RCMP personnel have submitted their thoughts, considerations, concerns and suggestions throughout the course of building the necessary infrastructure necessary for the implementation of the Act.

Rationale

The legislative framework calls for a department to update any related regulations when its enabling Act is revised. As a result of the sweeping changes that have been made to the RCMP Act and Regulations, the CSOs (Grievances and Appeals) must be completely revised to include the terms, procedures and processes that are necessary to align administrative infrastructure with the amendments to the Act under the provisions of the Accountability Act. The new CSOs will have the same coming-into-force date as subsections 87(1), 87(3) and 87(4) of the Accountability Act. Although there are no net additional costs, the supporting CSOs and 2014 Regulations are essential and crucial elements of modernizing operations and streamlining practices to achieve enhanced levels of internal and external accountability for the manner in which the RCMP administers its internal procedures.

Implementation, enforcement and service standards

The 2014 Regulations and the revised CSOs will provide the additional authorities and procedural details that are necessary to complete the implementation and functionality of the processes and systems established by the Accountability Act. On the same day as their coming into force, a series of supporting policies will be available to provide further information that is more administrative in nature and that does not require the level of legislative authority that is provided for under a statutory instrument. The following business documents will be available to support the CSOs: Grievances and Appeals Policy; Grievances Process Map; Appeals Process Map; Grievances Process Guide; Appeals Process Guide; Grievance Procedures Guidebook; and the Appeals Procedures Guidebook.

Service standards in respect of the application of the new procedures will be in place following the coming into force of the Act and will be refined in the coming years based on lessons learned and best practices. The RCMP will conduct a review of the adequacy of resources and the evaluation of the modernized human resource management and administrative processes three to five years after the date of implementation for consideration by RCMP senior executives and Government.

Contact

Chief Superintendent Michael O’Rielly
Director General Workplace Responsibility Branch
Royal Canadian Mounted Police
Ottawa, Ontario
K1A 0R2
Telephone: 613-843-6109
Email: Michael.ORielly@rcmp-grc.gc.ca