Vol. 148, No. 26 — December 17, 2014

Registration

SOR/2014-292 November 28, 2014

ROYAL CANADIAN MOUNTED POLICE ACT

Commissioner’s Standing Orders (Employment Requirements)

The Commissioner of the Royal Canadian Mounted Police, pursuant to section 9.1 (see footnote a) and paragraphs 21(2)(a) to (g) (see footnote b), (i) (see footnote c), (j) (see footnote d) and (m) (see footnote e) of the Royal Canadian Mounted Police Act (see footnote f), makes the annexed Commissioner’s Standing Orders (Employment Requirements).

Ottawa, November 25, 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 (EMPLOYMENT REQUIREMENTS)

INTERPRETATION

1. Definition of “Act”

BASIC REQUIREMENTS

2. Basic requirements

PART 1

STOPPAGE OF PAY AND ALLOWANCES

3. Definition of “decision maker”

4. Notice to decision maker

PART 2

DISCHARGE AND DEMOTION

5. Definition of “decision maker”

6. Reasons other than contravention of Code of Conduct

7. Designation of officer or person

8. Notice of intent

9. Contents of notice

10. Meeting

11. Access to information

12. Decision

PART 3

MEMBERS ON PROBATION

13. Definition of “decision maker”

14. Probationary period

15. Notice of discharge

16. Designation of officer or person

17. Decision

PART 4

ORGANIZATION AND ADMINISTRATION

18. Qualifications

19. Medical examinations

PART 5

PROCESS FOR REDRESS

20. Redress for certain written decisions

PART 6

COMING INTO FORCE

21. Registration

COMMISSIONER’S STANDING ORDERS (EMPLOYMENT REQUIREMENTS)

INTERPRETATION

Definition of “Act”

1. In these Standing Orders, “Act” means the Royal Canadian Mounted Police Act.

BASIC REQUIREMENTS

Basic requirements

2. (1) For the purpose of these Standing Orders and subparagraph 22(2)(a)(i) of the Act, a member possesses the basic requirements for the carrying out of their duties if they

Prohibition against entry

(2) A member who is subject to an order issued by a court or justice of the peace prohibiting or restricting entry into any place within the policing jurisdiction for which the member is responsible does not possess the basic requirements for the carrying out of their duties.

PART 1

STOPPAGE OF PAY AND ALLOWANCES

Definition of “decision maker”

3. For the purpose of this Part, “decision maker” means a member to whom the Commissioner has delegated the power to direct that a member’s pay and allowances be stopped under paragraph 22(2)(a) or (c) of the Act.

Notice to decision maker

4. (1) If a member loses a basic requirement, is absent from duty without authorization or has left any assigned duty without authorization, the person in command of the member’s detachment must notify the decision maker for the member in writing as soon as feasible.

Member recommended for discharge

(2) If a member is recommended for discharge under paragraph 20.2(1)(d), (f) or (j) of the Act, the person making the recommendation must immediately notify the decision maker for the member in writing.

Service of notice of intent

(3) If, on receiving a notification under subsection (1) or (2), the decision maker intends to direct that the member’s pay and allowances be stopped, they must cause to be served on the member a notice to that effect.

Contents of notice

(4) The notice of intent must

Consideration of response

(5) The decision maker must consider any written response before deciding whether to direct that the member’s pay and allowances be stopped.

Service of direction

(6) If the decision maker directs that a member’s pay and allowances be stopped, the decision maker must make the direction in writing and cause the member to be served with a copy of the direction and the reasons for it.

Duration

(7) The direction takes effect immediately and remains in effect until the member

Date of reinstatement of pay and allowances

(8) The Commissioner may reinstate the pay and allowances of a member to the date of the stoppage of pay and allowances if the grounds for the stoppage no longer apply and if the circumstances leading to the stoppage were exceptional and beyond the member’s control.

PART 2

DISCHARGE AND DEMOTION

Definition of “decision maker”

5. For the purpose of this Part, “decision maker” means a person to whom the Commissioner has delegated the power

Reasons other than contravention of Code of Conduct

6. For the purpose of paragraphs 20.2(1)(f) and (g) of the Act, reasons other than a contravention of any provision of the Code of Conduct include

Designation of officer or person

7. (1) The Commissioner may designate an officer or a person who holds an equivalent managerial position to be responsible for making a recommendation to a decision maker in respect of

Recommendation

(2) If there is cause to make the recommendation, the designated officer or person must immediately make the recommendation in writing.

Notice of intent

8. (1) A decision maker must cause a notice to be served on a member if the decision maker intends

Request for recusal

(2) The member may, within 14 days after the day on which the notice of intent is served, request that the decision maker recuse themselves. The request must be in writing and include reasons.

Decision on request for recusal

(3) The decision maker must render a decision on the request for recusal as soon as feasible and cause a copy of the decision, including reasons for it, to be served on the member. If the decision maker allows the request, they must ask the Commissioner to select another decision maker.

Contents of notice

9. (1) The notice of intent must set out

Member’s rights

(2) The member may, within 14 days after the day on which the notice of intent is served,

New information

(3) If, after the notice of intent is served but before the decision maker makes a decision under subsection 12(1), new information that may be relevant comes to the attention of the decision maker, the decision maker must cause the member to be served with a copy of that information. The member may, within seven days after the day on which the copy is served,

Meeting

10. (1) The decision maker may agree to meet with the member and, if a meeting is held, it must be held as soon as feasible.

Means of meeting

(2) Meetings may be held in person or by electronic means, as determined by the decision maker.

Summary

(3) At least two days before the date of the meeting, the member must provide the decision maker with a written summary of the intended oral submissions.

Decision without meeting

(4) The decision maker may make a decision without meeting with the member if the member fails to attend the meeting without reasonable cause.

Access to information

11. (1) The member may submit a written request to the decision maker for access to any written or documentary information that is under the Force’s control, is relevant and is reasonably required by the member to respond to the notice of intent.

Limits to access

(2) The decision maker may grant access to the requested information only if

Decision

12. (1) Once the decision maker has sufficient information, they must, after considering that information, make one of the following decisions:

Service of decision

(2) The decision maker must cause a copy of the decision, including the reasons for it, to be served on the member.

Taking effect

(3) The decision to demote or discharge a member other than a Deputy Commissioner takes effect immediately. A recommendation to discharge a Deputy Commissioner must be forwarded to the Governor in Council immediately after the expiry of the time referred to in section 36.1 of the Act.

PART 3

MEMBERS ON PROBATION

Definition of “decision maker”

13. For the purpose of this Part, “decision maker” means a member to whom the Commissioner has delegated the power to discharge a member who is on probation.

Probationary period

14. A member’s probationary period is two years, calculated without including any of the following:

Notice of discharge

15. The notice period for the purpose of subsection 9.4(1) of the Act is 14 days.

Designation of officer or person

16. (1) The Commissioner may designate an officer or a person who holds an equivalent managerial position to be responsible for recommending the discharge of a member on probation.

Recommendation

(2) If a member on probation has failed to demonstrate their suitability to continue to serve as a member, the designated officer or person must immediately recommend to the decision maker, in writing, that the member be discharged.

Notice of intent

(3) The decision maker must cause a notice of intent to be served on a member on probation if they intend to discharge the member under subsection 9.4(1) of the Act.

Contents of notice

(4) The notice of intent must set out

Member’s rights

(5) The member may, within 14 days after the day on which the notice of intent is served,

New information

(6) If, after the notice of intent is served but before the decision maker makes a decision under subsection 17(1), new information that may be relevant comes to the attention of the decision maker, the decision maker must cause the member to be served with a copy of that information. The member may, within seven days after the day on which the copy is served,

Decision

17. (1) Once the decision maker has sufficient information, they must, after considering that information, make one of the following decisions:

Service of decision

(2) The decision maker must cause a copy of the decision, including the reasons for it, to be served on the member on probation.

PART 4

ORGANIZATION AND ADMINISTRATION

Qualifications

18. In addition to meeting the qualifications set out in section 9.1 of the Act, a person who is appointed as a member other than an officer must be proficient in one of the official languages of Canada and be 19 years of age or older.

Medical examinations

19. A member who is required to undergo a medical examination or an assessment by a qualified person for the purpose of paragraph 20.2(1)(c) of the Act must

PART 5

PROCESS FOR REDRESS

Redress for certain written decisions

20. (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):

Redress for directive

(2) A member who is aggrieved by a directive to require the member to undergo a medical examination or assessment under paragraph 20.2(1)(c) of the Act may seek redress by means of an appeal of the directive in accordance with the Commissioner’s Standing Orders (Grievances and Appeals).

Redress for other decisions, acts or omissions

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

Effect of appeal

(4) An appeal made under this section does not stay the execution of the written decisions or of the directive being appealed, or any related process.

PART 6

COMING INTO FORCE

Registration

21. 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 (Employment Requirements). 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 the Government’s 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 this level of 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 — Royal Canadian Mounted Police 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.

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. This RIAS describes the CSOs (Employment Requirements) that outline the qualifications, standards, expectations, responsibilities and accountabilities, other than those established under the Code of Conduct, that a member is required to meet at all times in order to continue to serve as a member.

Description

The Accountability Act introduces many important changes to a number of administrative systems, such as discharge for reasons of unsuitability or other than a contravention of the Code of Conduct, stoppage of pay and allowances, and probationary discharge. The amendments provided by the Accountability Act have resulted in the establishment of a process designed to identify and address situations where members have lost or failed to maintain the requirements that are necessary for them to serve as members. The CSOs (Employment Requirements) reflect these changes and establish the core requirements and procedural features governing the employment requirements of members, and are a consolidation of four repealed CSOs and the discharge and demotion content that was previously part of the 1988 Regulations. The four consolidated CSOs are Health Assessment, Loss of Basic Requirements, Probationary Member, and Qualifications. The consolidation resulted in the changes described below.

“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 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 Act and Regulations, the current CSOs that were created to support the existing regime have to be repealed and replaced by the CSOs (Employment Requirements) which include the terms, procedures and processes that are necessary to align the administrative infrastructure with the amendments to the Act. The new CSOs will have the same coming-into-force date as subsections 87(1), (3) and (4) of the Accountability Act. Although there are no net additional costs, the supporting CSOs and the 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.

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 coming into force 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