18. In addition to the duties prescribed by the Act and by section 17, the Commissioner may prescribe, by rule, the duties of members who are not peace officers.
- SOR/94-219, s. 6.
19. A member, other than an officer, may be discharged from the Force, and it may be recommended that an officer be discharged from the Force, on any of the following grounds, namely,
(a) physical or mental disability;
(b) the serving of a term of imprisonment for an offence imposed by a court in or outside Canada;
(c) the promotion of economy and efficiency in the Force;
(d) voluntary retirement;
(f) abandonment of post;
(g) the reaching of retirement age;
(h) death; or
(i) irregular appointment.
20. (1) Before a member is discharged, or an officer is recommended for discharge, on any grounds referred to in paragraph 19(a), (b), (c), (f) or (i), the designated officer shall serve that member or officer with a notice in writing of intention to discharge, or to recommend discharge, as the case may be.
(2) A notice referred to in subsection (1) shall include
(a) particulars of the acts or omissions constituting the grounds on which it is intended to base the discharge of the member or the recommendation for discharge of the officer;
(b) a statement that the member or officer shall be given a full and ample opportunity to examine the material relied on in support of the discharge of the member or the recommendation for discharge of the officer; and
(c) a statement that the member or officer has the right to make written representations or submit documentation relating to the discharge or recommendation for discharge to the appropriate officer within 14 days after the date of service of the notice.
(3) Subject to section 21 and subsection (4), the appropriate officer shall appoint and convene an administrative discharge board comprised of at least one officer and such other members as the appropriate officer considers necessary for the purpose of considering the discharge of a member or the recommendation for discharge of an officer.
(4) For the purpose of considering the discharge of a member or the recommendation for discharge of an officer for one of the grounds referred to in paragraph 19(a), a medical board shall be appointed where required under section 28.
(5) An administrative discharge board or a medical board shall consider the material provided by the designated officer in support of the discharge or recommendation for discharge and any written representations or documentation submitted by the member who is the subject of the proceedings, and report in writing its findings and recommendations to the appropriate officer and that member.
(6) Where an administrative discharge board or medical board finds that there is a serious issue of credibility involved, the board may, at its discretion, hold a hearing.
(6.1) [Repealed, SOR/95-535, s. 1]
(7) Where an administrative discharge board or medical board exercises its discretion to hold a hearing, the proceedings before it shall be recorded and a record shall be kept of all evidence taken and all determinations and findings made in respect of the ground of discharge or recommendation for discharge being considered by the board.
(8) An administrative discharge board or a medical board shall deal with all matters that come before it as informally and expeditiously as the circumstances and considerations of fairness and natural justice permit.
(9) The appropriate officer shall consider the findings and recommendations of an administrative discharge board or a medical board or an agreement referred to in subsection 28(4) and may
(a) discharge the member or recommend the discharge of the officer; or
(b) order that the member or the officer be retained in the Force.
- SOR/91-177, s. 1;
- SOR/94-219, s. 7;
- SOR/95-535, s. 1;
- SOR/97-233, s. 1.
- Date modified: