31. (1) Subject to subsections (2) and (3), where any member is aggrieved by any decision, act or omission in the administration of the affairs of the Force in respect of which no other process for redress is provided by this Act, the regulations or the Commissioner’s standing orders, the member is entitled to present the grievance in writing at each of the levels, up to and including the final level, in the grievance process provided for by this Part.

(2) A grievance under this Part must be presented

(a) at the initial level in the grievance process, within thirty days after the day on which the aggrieved member knew or reasonably ought to have known of the decision, act or omission giving rise to the grievance; and

(b) at the second and any succeeding level in the grievance process, within fourteen days after the day the aggrieved member is served with the decision of the immediately preceding level in respect of the grievance.

(3) No appointment by the Commissioner to a position prescribed pursuant to subsection (7) may be the subject of a grievance under this Part.

(4) Subject to any limitations prescribed pursuant to paragraph 36(b), any member presenting a grievance shall be granted access to such written or documentary information under the control of the Force and relevant to the grievance as the member reasonably requires to properly present it.

(5) No member shall be disciplined or otherwise penalized in relation to employment or any term of employment in the Force for exercising the right under this Part to present a grievance.

(6) As soon as possible after the presentation and consideration of a grievance at any level in the grievance process, the member constituting the level shall render a decision in writing as to the disposition of the grievance, including reasons for the decision, and serve the member presenting the grievance and, if the grievance has been referred to the Committee pursuant to section 33, the Committee Chairman with a copy of the decision.

(7) The Governor in Council may make regulations prescribing for the purposes of subsection (3) any position in the Force that reports to the Commissioner either directly or through one other person.

R.S., 1985, c. R-10, s. 31; R.S., 1985, c. 8 (2nd Supp.), s. 16; 1994, c. 26, s. 63(F).

32. (1) The Commissioner constitutes the final level in the grievance process and the Commissioner’s decision in respect of any grievance is final and binding and, except for judicial review under the Federal Courts Act, is not subject to appeal to or review by any court.

(2) The Commissioner is not bound to act on any findings or recommendations set out in a report with respect to a grievance referred to the Committee under section 33, but if the Commissioner does not so act, the Commissioner shall include in the decision on the disposition of the grievance the reasons for not so acting.

(3) Notwithstanding subsection (1), the Commissioner may rescind or amend the Commissioner’s decision in respect of a grievance under this Part on the presentation to the Commissioner of new facts or where, with respect to the finding of any fact or the interpretation of any law, the Commissioner determines that an error was made in reaching the decision.

R.S., 1985, c. R-10, s. 32; R.S., 1985, c. 8 (2nd Supp.), s. 16; 1990, c. 8, s. 65; 2002, c. 8, s. 182.

33. (1) Before the Commissioner considers a grievance of a type prescribed pursuant to subsection (4), the Commissioner shall refer the grievance to the Committee.

(2) Notwithstanding subsection (1), a member presenting a grievance to the Commissioner may request the Commissioner not to refer the grievance to the Committee and, on such a request, the Commissioner may either not refer the grievance to the Committee or, if the Commissioner considers that a reference to the Committee is appropriate notwithstanding the request, refer the grievance to the Committee.

(3) Where the Commissioner refers a grievance to the Committee pursuant to this section, the Commissioner shall furnish the Committee Chairman with a copy of

(a) the written submissions made at each level in the grievance process by the member presenting the grievance;

(b) the decisions rendered at each level in the grievance process in respect of the grievance; and

(c) the written or documentary information under the control of the Force and relevant to the grievance.

(4) The Governor in Council may make regulations prescribing for the purposes of subsection (1) the types of grievances that are to be referred to the Committee.

R.S., 1985, c. R-10, s. 33; R.S., 1985, c. 8 (2nd Supp.), s. 16.

34. (1) The Committee Chairman shall review every grievance referred to the Committee pursuant to section 33.

(2) Where, after reviewing a grievance, the Committee Chairman is satisfied with the disposition of the grievance by the Force, the Committee Chairman shall prepare and send a report in writing to that effect to the Commissioner and the member presenting the grievance.

(3) Where, after reviewing a grievance, the Committee Chairman is not satisfied with the disposition of the grievance by the Force or considers that further inquiry is warranted, the Committee Chairman may

(a) prepare and send to the Commissioner and the member presenting the grievance a report in writing setting out such findings and recommendations with respect to the grievance as the Committee Chairman sees fit; or

(b) institute a hearing to inquire into the grievance.

(4) Where the Committee Chairman decides to institute a hearing to inquire into a grievance, the Committee Chairman shall assign the member or members of the Committee to conduct the hearing and shall send a notice in writing of the decision to the Commissioner and the member presenting the grievance.

R.S., 1985, c. R-10, s. 34; R.S., 1985, c. 8 (2nd Supp.), s. 16.

35. (1) For the purposes of this section, the member or members conducting a hearing to inquire into a grievance are deemed to be the Committee.

(2) The Committee shall serve a notice in writing of the time and place appointed for a hearing on the parties.

(3) Where a party wishes to appear before the Committee, the Committee shall sit at such place in Canada and at such time as may be fixed by the Committee, having regard to the convenience of the parties.

(4) The Committee has, in relation to the grievance before it, the powers conferred on a board of inquiry, in relation to the matter before it, by paragraphs 24.1(3)(a), (b) and (c).

(5) The parties and any other person who satisfies the Committee that the person has a substantial and direct interest in a grievance before the Committee shall be afforded a full and ample opportunity, in person or by counsel or a representative, to present evidence, to cross-examine witnesses and to make representations at the hearing.

(6) The Committee shall permit any person who gives evidence at a hearing to be represented by counsel or a representative.

(7) Notwithstanding subsection (4) but subject to subsection (8), the Committee may not receive or accept any evidence or other information that would be inadmissible in a court of law by reason of any privilege under the law of evidence.

(8) In a hearing, no witness shall be excused from answering any question relating to the grievance before the Committee when required to do so by the Committee on the ground that the answer to the question may tend to criminate the witness or subject the witness to any proceeding or penalty.

(9) Where the witness is a member, no answer or statement made in response to a question described in subsection (8) shall be used or receivable against the witness in any hearing under section 45.1 into an allegation of contravention of the Code of Conduct by the witness, other than a hearing into an allegation that with intent to mislead the witness gave the answer or statement knowing it to be false.

(10) A hearing shall be held in private, except that

(a) while a child is testifying at the hearing, the child’s parent or guardian may attend the hearing; and

(b) when authorized by the Committee, a member may attend the hearing as an observer for the purpose of familiarizing the member with procedures under this section.

(11) Any document or thing produced pursuant to this section to the Committee shall, on the request of the person producing the document or thing, be released to the person within a reasonable time after completion of the Committee’s report.

(12) Where the Committee sits at a place in Canada that is not the ordinary place of residence of a member whose grievance is before the Committee or of the member’s counsel or representative, that member, counsel or representative is entitled, in the discretion of the Committee, to receive such travel and living expenses incurred by the member, counsel or representative in appearing before the Committee as may be fixed by the Treasury Board.

(13) On completion of a hearing, the Committee shall prepare and send to the parties and the Commissioner a report in writing setting out such findings and recommendations with respect to the grievance as the Committee sees fit.

(14) In this section, “parties” means the appropriate officer and the member whose grievance has been referred to the Committee pursuant to section 33.

R.S., 1985, c. R-10, s. 35; R.S., 1985, c. 8 (2nd Supp.), s. 16.

36. The Commissioner may make rules governing the presentation and consideration of grievances under this Part, including, without limiting the generality of the foregoing, rules

(a) prescribing the members or classes of members to constitute the levels in the grievance process; and

(b) specifying, for the purposes of subsection 31(4), limitations, in the interests of security or the protection of privacy of persons, on the right of a member presenting a grievance to be granted access to information relating thereto.

R.S., 1985, c. R-10, s. 36; R.S., 1985, c. 8 (2nd Supp.), s. 16; 1994, c. 26, s. 64(F).

37. It is incumbent on every member

(a) to respect the rights of all persons;

(b) to maintain the integrity of the law, law enforcement and the administration of justice;

(c) to perform the member’s duties promptly, impartially and diligently, in accordance with the law and without abusing the member’s authority;

(d) to avoid any actual, apparent or potential conflict of interests;

(e) to ensure that any improper or unlawful conduct of any member is not concealed or permitted to continue;

(f) to be incorruptible, never accepting or seeking special privilege in the performance of the member’s duties or otherwise placing the member under any obligation that may prejudice the proper performance of the member’s duties;

(g) to act at all times in a courteous, respectful and honourable manner; and

(h) to maintain the honour of the Force and its principles and purposes.

R.S., 1985, c. R-10, s. 37; R.S., 1985, c. 8 (2nd Supp.), s. 16.

38. The Governor in Council may make regulations, to be known as the Code of Conduct, governing the conduct of members.

R.S., 1985, c. R-10, s. 38; R.S., 1985, c. 8 (2nd Supp.), s. 16.

39. (1) Every member alleged to have contravened the Code of Conduct may be dealt with under this Act either in or outside Canada,

(a) whether or not the alleged contravention took place in or outside Canada; and

(b) whether or not the member has been charged with an offence constituted by, included in or otherwise related to the alleged contravention or has been tried, acquitted, discharged, convicted or sentenced by a court in respect of such an offence.

(2) Nothing in this Act affects the jurisdiction of any court to try a member for any offence triable by that court.

R.S., 1985, c. R-10, s. 39; R.S., 1985, c. 8 (2nd Supp.), s. 16.

40. (1) Where it appears to an officer or to a member in command of a detachment that a member under the command of the officer or member has contravened the Code of Conduct, the officer or member shall make or cause to be made such investigation as the officer or member considers necessary to enable the officer or member to determine whether that member has contravened or is contravening the Code of Conduct.

(2) In any investigation under subsection (1), no member shall be excused from answering any question relating to the matter being investigated when required to do so by the officer or other member conducting the investigation on the ground that the answer to the question may tend to criminate the member or subject the member to any proceeding or penalty.

(3) No answer or statement made in response to a question described in subsection (2) shall be used or receivable in any criminal, civil or administrative proceedings, other than a hearing under section 45.1 into an allegation that with intent to mislead the member gave the answer or statement knowing it to be false.

(4) In this section and section 41, “detachment” includes such other unit of the Force as the Commissioner may, by rule, specify.

R.S., 1985, c. R-10, s. 40; R.S., 1985, c. 8 (2nd Supp.), s. 16.

41. (1) Subject to this section, the following informal disciplinary action may be taken in respect of a contravention of the Code of Conduct, namely,

(a) counselling;

(b) recommendation for special training;

(c) recommendation for professional counselling;

(d) recommendation for transfer;

(e) direction to work under close supervision;

(f) subject to such conditions as the Commissioner may, by rule, prescribe, forfeiture of regular time off for any period not exceeding one work day; and

(g) reprimand.

(2) Where it is established to the satisfaction of a member, other than an officer, in command of a detachment that a member under the command of the member has contravened the Code of Conduct, the member in command may take any one or more of the actions referred to in paragraphs (1)(a) to (f) against that member.

(3) Where it is established to the satisfaction of an officer that a member, other than an officer, under the command of the officer has contravened the Code of Conduct, the officer may, if no action has been taken under subsection (2) in respect of the contravention, take any one or more of the actions referred to in paragraphs (1)(a) to (g) against that member.

(4) Where it is established to the satisfaction of an officer that an officer under the command of the officer has contravened the Code of Conduct, the officer in command may take any one or more of the actions referred to in paragraphs (1)(a) to (f) against that officer.

(5) Where it is established to the satisfaction of an appropriate officer that an officer has contravened the Code of Conduct, the appropriate officer may, if no action has been taken under subsection (4) in respect of the contravention, take any one or more of the actions referred to in paragraphs (1)(a) to (g) against the officer who has contravened the Code of Conduct.

(6) Where it is not established to the satisfaction of an appropriate officer that a member against whom informal disciplinary action was taken under subsection (2), (3) or (4) has contravened the Code of Conduct, the appropriate officer may rescind that action.

(7) Where it is established to the satisfaction of an appropriate officer that a member against whom informal disciplinary action was taken under subsection (2), (3) or (4) has contravened the Code of Conduct, but the appropriate officer is of the opinion that the action so taken was inappropriate in the circumstances, the appropriate officer may vary that action by taking any one or more of the actions referred to in paragraphs (1)(a) to (g) in addition to or in substitution for that action.

(8) Notwithstanding subsections (2) to (7), an officer or other member may take informal disciplinary action under this section only against members of lower rank or level and only if the officer or other member is of the opinion that, having regard to the gravity of the contravention and to the surrounding circumstances, the action is sufficient.

(9) Notwithstanding any provision of Part III, the informal disciplinary actions referred to in paragraphs (1)(a) to (d) may not be the subject of a grievance under that Part or be appealed under this Part.

(10) In this section, “officer”, in addition to the members referred to in the definition “officer” in subsection 2(1), includes such other member or member of such class of other members as the Commissioner may, by rule, prescribe.

R.S., 1985, c. R-10, s. 41; R.S., 1985, c. 8 (2nd Supp.), s. 16.

42. (1) Any member against whom informal disciplinary action referred to in any of paragraphs 41(1)(e) to (g) is taken may appeal that action at each of the levels, up to and including the final level, in the appeal process provided for by this section.

(2) Subject to subsection (3), each level in the appeal process provided for by this section may dispose of an appeal by

(a) dismissing the appeal and confirming the informal disciplinary action being appealed; or

(b) allowing the appeal and either rescinding the informal disciplinary action being appealed or varying that action by taking any one or more of the actions referred to in paragraphs 41(1)(a) to (g) in substitution for that action.

(3) On an appeal under this section, the informal disciplinary action referred to in paragraph 41(1)(g) may not be taken in substitution for those referred to in paragraphs 41(1)(e) and (f).

(4) The Deputy Commissioner designated by the Commissioner for the purposes of this section constitutes the final level in the appeal process with respect to appeals taken by members, other than officers, from informal disciplinary actions referred to in paragraphs 41(1)(e) and (f) and the Deputy Commissioner’s decision on any such appeal is final and binding and, except for judicial review under the Federal Courts Act, is not subject to appeal to or review by any court.

(5) Notwithstanding subsection (4), the Deputy Commissioner referred to in that subsection may rescind or amend the Deputy Commissioner’s decision on an appeal in respect of which the Deputy Commissioner constitutes the final level in the appeal process on the presentation to the Deputy Commissioner of new facts or where, with respect to the finding of any fact or the interpretation of any law, the Deputy Commissioner determines that an error was made in reaching the decision.

(6) The Commissioner constitutes the final level in the appeal process with respect to appeals taken by officers from informal disciplinary action referred to in any of paragraphs 41(1)(e) to (g) and with respect to appeals taken by members, other than officers, from informal disciplinary action referred to in paragraph 41(1)(g) and the Commissioner’s decision on any such appeal is final and binding and, except for judicial review under the Federal Courts Act, is not subject to appeal to or review by any court.

(7) Notwithstanding subsection (6), the Commissioner may rescind or amend the Commissioner’s decision on an appeal under this section on the presentation to the Commissioner of new facts or where, with respect to the finding of any fact or the interpretation of any law, the Commissioner determines that an error was made in reaching the decision.

(8) The Commissioner may make rules governing appeals under this section, including, without restricting the generality of the foregoing, rules

(a) prescribing the levels in the appeal process;

(b) prescribing the time within which an appeal may be made at any level in the appeal process and providing for extensions thereof; and

(c) regulating the practice and procedure for appeals under this section.

(9) Nothing in this section is in derogation of the power conferred by section 41 to rescind or vary informal disciplinary action.

R.S., 1985, c. R-10, s. 42; R.S., 1985, c. 8 (2nd Supp.), s. 16; 1990, c. 8, s. 66; 2002, c. 8, s. 182.

43. (1) Subject to subsections (7) and (8), where it appears to an appropriate officer that a member has contravened the Code of Conduct and the appropriate officer is of the opinion that, having regard to the gravity of the contravention and to the surrounding circumstances, informal disciplinary action under section 41 would not be sufficient if the contravention were established, the appropriate officer shall initiate a hearing into the alleged contravention and notify the officer designated by the Commissioner for the purposes of this section of that decision.

(2) On being notified pursuant to subsection (1), the designated officer shall appoint three officers as members of an adjudication board to conduct the hearing and shall notify the appropriate officer of the appointments.

(3) At least one of the officers appointed as a member of an adjudication board shall be a graduate of a school of law recognized by the law society of any province.

(4) Forthwith after being notified pursuant to subsection (2), the appropriate officer shall serve the member alleged to have contravened the Code of Conduct with a notice in writing of the hearing, together with

(a) a copy of any written or documentary evidence that is intended to be produced at the hearing;

(b) a copy of any statement obtained from any person who is intended to be called as a witness at the hearing; and

(c) a list of exhibits that are intended to be entered at the hearing.

(5) A notice of hearing served on a member pursuant to subsection (4) may allege more than one contravention of the Code of Conduct and shall contain

(a) a separate statement of each alleged contravention;

(b) a statement of the particulars of the act or omission constituting each alleged contravention;

(c) the names of the members of the adjudication board; and

(d) a statement of the right of the member to object to the appointment of any member of the adjudication board as provided in section 44.

(6) Every statement of particulars contained in a notice of hearing in accordance with paragraph (5)(b) shall contain sufficient details, including, where practicable, the place and date of each contravention alleged in the notice, to enable the member who is served with the notice to determine each such contravention so that the member may prepare a defence and direct it to the occasion and events indicated in the notice.

(7) No hearing may be initiated by an appropriate officer under this section in respect of an alleged contravention of the Code of Conduct by a member if the informal disciplinary action referred to in paragraph 41(1)(g) has been taken against the member in respect of that contravention.

(8) No hearing may be initiated by an appropriate officer under this section in respect of an alleged contravention of the Code of Conduct by a member after the expiration of one year from the time the contravention and the identity of that member became known to the appropriate officer.

(9) A certificate purporting to be signed by an appropriate officer as to the time an alleged contravention of the Code of Conduct by a member and the identity of that member became known to the appropriate officer is, in the absence of evidence to the contrary, proof of that time without proof of the signature or official character of the person purporting to have signed the certificate.

R.S., 1985, c. R-10, s. 43; R.S., 1985, c. 8 (2nd Supp.), s. 16.

44. (1) Within seven days after the day a member is served with a notice of hearing under subsection 43(4), the member may object in writing to the designated officer referred to in subsection 43(1) to the appointment of any member of the adjudication board, and the designated officer shall on receiving the objection decide whether to reject the objection or to allow the objection and appoint a new member of the board.

(2) An objection under subsection (1) shall contain reasons for the objection.

(3) After the designated officer makes a decision under subsection (1) with respect to an objection, the designated officer shall serve the member making the objection with a notice in writing setting out the decision and the reasons therefor and, if the objection is allowed, the designated officer shall

(a) appoint a new member of the adjudication board; and

(b) set out in the notice

(i) the name of the new member, and

(ii) a statement of the right of the member to object to the appointment of the new member as provided in this section.

(4) The provisions of this section apply, with such modifications as the circumstances require, with respect to the appointment of a new member under subsection (3) as though the notice setting out the name of the new member were a notice referred to in subsection (1).

(5) An officer is not eligible to be appointed as a member of an adjudication board if the officer

(a) has conducted an investigation under section 40 in respect of the conduct that is the subject of the hearing;

(b) was a member of a board of inquiry that conducted an investigation in respect of the conduct that is the subject of the hearing;

(c) is the immediate superior officer of the member whose conduct is the subject of the hearing; or

(d) is otherwise involved in the initiation or processing of the case against the member whose conduct is the subject of the hearing.

(6) After the conclusion of all proceedings under this section, the designated officer shall designate one of the members of the adjudication board as chairman.

R.S., 1985, c. R-10, s. 44; R.S., 1985, c. 8 (2nd Supp.), s. 16.

45. An adjudication board has, in relation to the case before it, the powers conferred on a board of inquiry, in relation to the matter before it, by paragraphs 24.1(3)(a), (b) and (c).

R.S., 1985, c. R-10, s. 45; R.S., 1985, c. 8 (2nd Supp.), s. 16.

45.1 (1) An appropriate officer who initiates a hearing and the member whose conduct is the subject of the hearing are parties to the hearing.

(2) An adjudication board shall set the place, date and time for a hearing and serve the parties thereto with a notice in writing of that place, date and time.

(3) The date and time for a hearing set pursuant to subsection (2) shall not be less than seven days after the day the member whose conduct is the subject of the hearing is served with the notice under that subsection.

(4) At the commencement of a hearing, the chairman of the adjudication board shall read to the member whose conduct is the subject of the hearing the allegation or allegations of contravention of the Code of Conduct contained in the notice of the hearing and shall thereupon give the member an opportunity to admit or deny each such allegation or to raise, as a preliminary objection to any such allegation, the fact that the informal disciplinary action referred to in paragraph 41(1)(g) has been previously taken against the member in respect of the act or omission constituting any such allegation or that the act or omission was previously the subject of a hearing under this section, but nothing in this subsection affects the validity of a new hearing ordered under this Part.

(5) Where a member does not admit, deny or raise a preliminary objection to an allegation read to the member pursuant to subsection (4), the member is deemed to have denied the allegation.

(6) Where a preliminary objection raised pursuant to subsection (4) is established to the satisfaction of the adjudication board, the board shall dismiss the allegation to which the objection is raised.

(7) Notwithstanding any other provision of this Part, a member whose conduct is the subject of a hearing is not compelled to testify at the hearing, but the member may give evidence under oath and where the member does so, subsections (11) and (12) apply to the member.

(8) The parties to a hearing shall be afforded a full and ample opportunity, in person or by counsel or a representative, to present evidence, to cross-examine witnesses and to make representations at the hearing.

(9) An adjudication board shall permit any person who gives evidence at a hearing to be represented by counsel or a representative.

(10) Notwithstanding section 45 but subject to subsection (11), an adjudication board may not receive or accept any evidence or other information that would be inadmissible in a court of law by reason of any privilege under the law of evidence.

(11) In a hearing, no witness shall be excused from answering any question relating to the case before the adjudication board when required to do so by the board on the ground that the answer to the question may tend to criminate the witness or subject the witness to any proceeding or penalty.

(12) Where the witness is a member, no answer or statement made in response to a question described in subsection (11) shall be used or receivable against the witness in any hearing under this section into an allegation of contravention of the Code of Conduct by the witness, other than a hearing into an allegation that with intent to mislead the witness gave the answer or statement knowing it to be false.

(13) An adjudication board may from time to time adjourn a hearing.

(14) A hearing before an adjudication board shall be held in private, except that

(a) while a child is testifying at the hearing, the child’s parent or guardian may attend the hearing; and

(b) when authorized by the board, a member may attend the hearing as an observer for the purpose of familiarizing the member with procedures under this Part.

(15) A hearing before an adjudication board shall be recorded and, if a party to the hearing makes a request under subsection 45.13(2) or the decision of the board is appealed under section 45.14, a transcript thereof shall be prepared.

R.S., 1985, c. 8 (2nd Supp.), s. 16.

45.11 (1) Where, at any time during a hearing, it appears to the adjudication board that there is a technical defect in the notice of the hearing under subsection 43(4) that does not affect the substance of the notice, the board, if it is of the opinion that the member whose conduct is the subject of the hearing will not be prejudiced in the conduct of the defence by an amendment, shall make such order for the amendment of the notice as it considers necessary to meet the circumstances of the case.

(2) Where a notice of hearing is amended pursuant to subsection (1), the adjudication board shall, if the member whose conduct is the subject of the hearing so requests, adjourn the hearing for such period as the board considers necessary to enable the member to meet the notice as so amended.

(3) An order to amend a notice of hearing shall be endorsed on the notice and signed by the chairman of the adjudication board and the hearing shall proceed as if the notice had been originally drawn as amended.

R.S., 1985, c. 8 (2nd Supp.), s. 16.

45.12 (1) After considering the evidence submitted at the hearing, the adjudication board shall decide whether or not each allegation of contravention of the Code of Conduct contained in the notice of the hearing is established on a balance of probabilities.

(2) A decision of an adjudication board shall be recorded in writing and shall include a statement of the findings of the board on questions of fact material to the decision, reasons for the decision and a statement of the sanction, if any, imposed under subsection (3) or the informal disciplinary action, if any, taken under subsection (4).

(3) Where an adjudication board decides that an allegation of contravention of the Code of Conduct by a member is established, the board shall impose any one or more of the following sanctions on the member, namely,

(a) recommendation for dismissal from the Force, if the member is an officer, or dismissal from the Force, if the member is not an officer;

(b) direction to resign from the Force and, in default of resigning within fourteen days after being directed to do so, recommendation for dismissal from the Force, if the member is an officer, or dismissal from the Force, if the member is not an officer;

(c) recommendation for demotion, if the member is an officer, or demotion, if the member is not an officer; or

(d) forfeiture of pay for a period not exceeding ten work days.

(4) In addition to or in substitution for imposing a sanction under subsection (3), an adjudication board may take any one or more of the informal disciplinary actions referred to in paragraphs 41(1)(a) to (g).

(5) The sanction referred to in paragraph (3)(c) may not be imposed on an inspector or a constable.

(6) Where an adjudication board decides that two or more allegations of contravention of the Code of Conduct by a member contained in one notice of hearing are established, the total period for forfeiture of pay that may be imposed on the member under subsection (3) in respect of all such allegations shall not exceed ten work days.

(7) Where a decision of an adjudication board is rendered in the absence of a party to the hearing, the board shall serve that party with a copy of its decision.

R.S., 1985, c. 8 (2nd Supp.), s. 16.

45.13 (1) An adjudication board shall compile a record of the hearing before it, which record shall include

(a) the notice of the hearing under subsection 43(4);

(b) the notice of the place, date and time of the hearing under subsection 45.1(2);

(c) a copy of all written or documentary evidence produced at the hearing;

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

(e) the recording and the transcript, if any, of the hearing.

(2) A party to a hearing before an adjudication board shall be furnished, without charge, with a copy of the transcript of the hearing, if the party so requests in writing within seven days after

(a) the day the decision of the board is rendered, if it is rendered in the presence of that party; or

(b) in any other case, the day notice of the decision is given to that party.

R.S., 1985, c. 8 (2nd Supp.), s. 16.

45.14 (1) Subject to this section, a party to a hearing before an adjudication board may appeal the decision of the board to the Commissioner in respect of

(a) any finding by the board that an allegation of contravention of the Code of Conduct by the member is established or not established; or

(b) any sanction imposed or action taken by the board in consequence of a finding by the board that an allegation referred to in paragraph (a) is established.

(2) For the purposes of this section, any dismissal of an allegation by an adjudication board pursuant to subsection 45.1(6) or on any other ground without a finding by the board that the allegation is established or not established is deemed to be a finding by the board that the allegation is not established.

(3) An appeal lies to the Commissioner on any ground of appeal, except that an appeal lies to the Commissioner by an appropriate officer in respect of a sanction or an action referred to in paragraph (1)(b) only on the ground of appeal that the sanction or action is not one provided for by this Act.

(4) No appeal may be instituted under this section after the expiration of fourteen days from the later of

(a) the day the decision appealed from is rendered, if it is rendered in the presence of the party appealing, or the day a copy of the decision is served on the party appealing, if it is rendered in the absence of that party, and

(b) if the party appealing requested a transcript pursuant to subsection 45.13(2), the day the party receives the transcript.

(5) An appeal to the Commissioner shall be instituted by filing with the Commissioner a statement of appeal in writing setting out the grounds on which the appeal is made and any submissions in respect thereof.

(6) A party appealing a decision of an adjudication board to the Commissioner shall forthwith serve the other party with a copy of the statement of appeal.

(7) A party who is served with a copy of the statement of appeal under subsection (6) may, within fourteen days after the day the party is served with the statement, file with the Commissioner written submissions in reply, and if the party does so, the party shall forthwith serve a copy thereof on the party appealing.

R.S., 1985, c. 8 (2nd Supp.), s. 16.

45.15 (1) Before the Commissioner considers an appeal under section 45.14, the Commissioner shall refer the case to the Committee.

(2) Subsection (1) does not apply in respect of an appeal if each allegation that is subject of the appeal was found by the adjudication board to have been established and only one or more of the informal disciplinary actions referred to in paragraphs 41(1)(a) to (g) have been taken by the board in consequence of the finding.

(3) Notwithstanding subsection (1), the member whose case is appealed to the Commissioner may request the Commissioner not to refer the case to the Committee and, on such a request, the Commissioner may either not refer the case to the Committee or, if the Commissioner considers that a reference to the Committee is appropriate notwithstanding the request, refer the case to the Committee.

(4) Where the Commissioner refers a case to the Committee pursuant to this section, the Commissioner shall furnish the Committee Chairman with the materials referred to in paragraphs 45.16(1)(a) to (c).

(5) Sections 34 and 35 apply, with such modifications as the circumstances require, with respect to a case referred to the Committee pursuant to this section as though the case were a grievance referred to the Committee pursuant to section 33.

R.S., 1985, c. 8 (2nd Supp.), s. 16.

45.16 (1) The Commissioner shall consider an appeal under section 45.14 on the basis of

(a) the record of the hearing before the adjudication board whose decision is being appealed,

(b) the statement of appeal, and

(c) any written submissions made to the Commissioner,

and the Commissioner shall also take into consideration the findings or recommendations set out in the report, if any, of the Committee or the Committee Chairman in respect of the case.

(2) The Commissioner may dispose of an appeal in respect of a finding referred to in paragraph 45.14(1)(a) by

(a) dismissing the appeal and confirming the decision being appealed;

(b) allowing the appeal and ordering a new hearing into the allegation giving rise to the finding; or

(c) where the appeal is taken by the member who was found to have contravened the Code of Conduct, allowing the appeal and making the finding that, in the Commissioner’s opinion, the adjudication board should have made.

(3) The Commissioner may dispose of an appeal in respect of a sanction or action referred to in paragraph 45.14(1)(b) by

(a) dismissing the appeal and confirming the decision being appealed; or

(b) allowing the appeal and either varying or rescinding the sanction or action.

(4) Where the Commissioner orders a new hearing into an allegation pursuant to subsection (2), an adjudication board shall be appointed in accordance with this Part to conduct the hearing and the new hearing shall be held in accordance with this Part as if it were the first hearing into that allegation.

(5) The Commissioner shall as soon as possible render a decision in writing on an appeal, including reasons for the decision, and serve each of the parties to the hearing before the adjudication board whose decision was appealed and, if the case has been referred to the Committee pursuant to section 45.15, the Committee Chairman with a copy of the decision.

(6) The Commissioner is not bound to act on any findings or recommendations set out in a report with respect to a case referred to the Committee under section 45.15, but if the Commissioner does not so act, the Commissioner shall include in the decision on the appeal the reasons for not so acting.

(7) A decision of the Commissioner on an appeal under section 45.14 is final and binding and, except for judicial review under the Federal Courts Act, is not subject to appeal to or review by any court.

(8) Notwithstanding subsection (7), the Commissioner may rescind or amend the Commissioner’s decision on an appeal under section 45.14 on the presentation to the Commissioner of new facts or where, with respect to the finding of any fact or the interpretation of any law, the Commissioner determines that an error was made in reaching the decision.

R.S., 1985, c. 8 (2nd Supp.), s. 16; 1990, c. 8, s. 67; 2002, c. 8, s. 182.

45.17 (1) Where a decision that imposes a sanction referred to in subsection 45.12(3) is rendered under section 45.12, the execution of the decision is stayed until after the expiration of the time within which an appeal may be taken under section 45.14.

(2) Where an appeal is taken under section 45.14 in relation to a decision described in subsection (1), the execution of the decision is stayed until after the appeal is disposed of.

R.S., 1985, c. 8 (2nd Supp.), s. 16.