Marginal note:Stay of execution of decision

• 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.

• Marginal note:Idem

  (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.

Marginal note:Ground for discharge or demotion

• 45.18 (1) Any officer may be recommended for discharge or demotion and any other member may be discharged or demoted on the ground, in this Part referred to as the “ground of unsuitability”, that the officer or member has repeatedly failed to perform the officer’s or member’s duties under this Act in a manner fitted to the requirements of the officer’s or member’s position, notwithstanding that the officer or member has been given reasonable assistance, guidance and supervision in an attempt to improve the performance of those duties.

• Marginal note:Limitation

  (2) No officer may be recommended for a demotion under this Part of more than one rank and no other member may be demoted under this Part by more than one rank or level.

• Marginal note:Exceptions

  (3) No inspector may be recommended for demotion under this Part and no constable may be demoted under this Part.

Marginal note:Notice of intention

• 45.19 (1) Before any officer is recommended for discharge or demotion under this Part or any other member is discharged or demoted under this Part, the appropriate officer shall serve the officer or other member with a notice in writing of the intention to recommend the discharge or demotion of the officer or to discharge or demote the other member, as the case may be.

• Marginal note:Contents of notice

  (2) A notice of intention served on an officer or other member under subsection (1) shall include

  • (a) particulars of the acts or omissions constituting the ground of unsuitability on which it is intended to base the recommendation for discharge or demotion or the discharge or demotion, as the case may be;

  • (b) where the officer or other member is not a probationary member, a statement of the right of the officer or other member to request, within fourteen days after the day the notice is served, a review of the officer’s or member’s case by a discharge and demotion board; and

  • (c) where the officer or other member is a probationary member, a statement of the right of the officer or other member to make, within fourteen days after the day the notice is served, written representations to the appropriate officer.

• Marginal note:Opportunity to examine material

  (3) An officer or other member who is served with a notice under subsection (1) shall be given a full and ample opportunity to examine the material relied on in support of the recommendation for discharge or demotion or the discharge or demotion, as the case may be.

• Marginal note:Request for review

  (4) An officer or other member, except a probationary member, who is served with a notice under subsection (1) may, within fourteen days after the day the notice is served, send to the appropriate officer a request in writing for a review of the officer’s or member’s case by a discharge and demotion board.

• Marginal note:Request to be forwarded to designated officer

  (5) An appropriate officer shall forthwith after receiving a request under subsection (4) forward the request to the officer designated by the Commissioner for the purposes of this section.

• Marginal note:Written representations

  (6) A probationary member who is served with a notice under subsection (1) may, within fourteen days after the notice is served, make written representations to the appropriate officer.

• Marginal note:Notice of decision

  (7) Where an officer or other member, except a probationary member, who is served with a notice under subsection (1) does not request a review of the officer’s or member’s case by a discharge and demotion board within the time limited for doing so, the appropriate officer shall serve the officer or other member with a notice in writing of the decision to recommend discharge or demotion of the officer or to discharge or demote the member, as the case may be.

• Marginal note:Idem

  (8) Where a probationary member who is served with a notice under subsection (1) does not make written representations to the appropriate officer within the time limited for doing so, the appropriate officer shall serve the probationary member with a notice in writing of the decision to recommend discharge of the probationary member or to discharge the probationary member, as the case may be.

• Marginal note:Consideration of written representations

  (9) An appropriate officer shall forthwith after receiving written representations pursuant to subsection (6) consider the representations and either

  • (a) direct that the probationary member be retained in the Force; or

  • (b) serve the probationary member with a notice in writing of the decision to recommend discharge of the probationary member or to discharge the probationary member, as the case may be.

• Marginal note:Effective date

  (10) A member, other than an officer, who is served with a notice under subsection (7), (8) or (9) is discharged on such day as is specified in the notice or is demoted on such day and to such rank or level as is specified in the notice, as the case may be.

• Marginal note:Definition of “probationary member”

  (11) In this section, “probationary member” means a member with less than two years of service in the Force.