Royal Canadian Mounted Police Act (R.S.C., 1985, c. R-10)

Marginal note:Decision

• 45.23 (1) After reviewing the case before it, a discharge and demotion board shall decide whether or not the ground of unsuitability is established on a balance of probabilities.

• Marginal note:In writing

  (2) A decision of a discharge and demotion 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 action taken by the board under subsection (3) or (4).

• Marginal note:Where ground established

  (3) Where a discharge and demotion board decides that the ground of unsuitability is established, the board shall

  • (a) recommend that the officer be discharged or discharge the other member, as the case may be, or

  • (b) recommend that the officer be demoted or demote the other member, as the case may be,

  but the board shall not take the action referred to in paragraph (a) if the notice of intention served on that officer or other member was a notice to recommend demotion of the officer or to demote the other member, as the case may be.

• Marginal note:Where ground not established

  (4) Where a discharge and demotion board decides the ground of unsuitability is not established, the board shall direct that the officer or other member be retained in the Force at the present rank or level of the officer or other member.

• Marginal note:Copy of decision to parties

  (5) A discharge and demotion board shall serve each of the parties to the review by the board with a copy of its decision.

• Marginal note:Delivery of transcript on request

  (6) A party to a review by a discharge and demotion board shall be furnished, without charge, with a copy of the transcript of any hearing before the board, if that party so requests in writing within seven days after the day the decision of the board is served on that party.

Marginal note:Appeal to Commissioner

• 45.24 (1) A party to a review by a discharge and demotion board may appeal the decision of the board to the Commissioner, but no appeal may be instituted under this section after the expiration of fourteen days from the later of

  • (a) the day the decision is served on that party, and

  • (b) if that party requested a transcript pursuant to subsection 45.23(6), the day that party receives the transcript.

• Marginal note:Grounds of appeal

  (2) An appeal lies to the Commissioner on any ground of appeal.

• Marginal note:Statement of appeal

  (3) 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.

• Marginal note:Statement served on other party

  (4) A party appealing a decision of a discharge and demotion board to the Commissioner shall forthwith serve the other party with a copy of the statement of appeal.

• Marginal note:Submissions in reply

  (5) A party who is served with a copy of the statement of appeal under subsection (4) may, within fourteen days after the day the statement is served, file with the Commissioner written submissions in reply, and if that party does so, that party shall forthwith serve a copy thereof on the party appealing.