29. A member who is entitled to an immediate annuity or an annual allowance under the Royal Canadian Mounted Police Superannuation Act or a pension under Part II or Part III of the Royal Canadian Mounted Police Pension Continuation Act may be discharged from the Force under paragraph 19(d).

• 30. (1) A member may voluntarily resign from the Force at any time by signifying an intention to do so in writing and, on acceptance of the resignation by the appropriate officer or, in the case of an officer, by the Commissioner for the Commissioner’s recommendation and forwarding to the Governor in Council, the resignation of the member or officer shall be final and irrevocable.

• (2) A resignation may be withdrawn prior to acceptance thereof by the Commissioner with the written approval of the member’s appropriate officer.

31. A member will be considered to have abandoned the member’s post where

• (a) the member has been absent without authority from the member’s post for seven clear days or more; or

• (b) the member has refused or failed to report for duty on a specified date to a post to which the member has been transferred by order.

32. An appropriate officer shall, on the death of a member under the appropriate officer’s command, appoint and convene, pursuant to subsection 20(3), a discharge board to discharge that member.

33. A Certificate of Service in the Force shall be issued by the Commissioner, in a form approved by the Commissioner, to each member discharged from the Force.

• 34. (1) Subject to subsection (2), for the purposes of paragraph 19(i), “irregular appointment” includes an appointment based on

  • (a) a fraudulent statement;

  • (b) an administrative or technical error originating in recruiting procedures; and

  • (c) an initial assessment of a person as being physically or mentally fit but who is subsequently found to be unfit as a result of a physical or mental condition existing prior to appointment.

• (2) Paragraphs (1)(b) and (c) apply only to members with less than two years of service in the Force.

35. For the purposes of subsection 31(3) of the Act, no appointment by the Commissioner to any of the following positions in the Force that report to the Commissioner either directly or through one other person shall be the subject of a grievance:

• (a) a Deputy Commissioner position;

• (b) the Staff Relations Program Officer position;

• (c) the Executive Officer position;

• (d) the position of an officer who, in reporting to the Commissioner, reports directly to a Deputy Commissioner at Headquarters;

• (e) a position of an Officer in Charge of a Branch who reports directly to the Commissioner;

• (f) the position of an officer who, in reporting to the Commissioner, reports directly to an Officer in Charge of a Branch who, in turn, reports directly to the Commissioner;

• (g) a Commanding Officer position; and

• (h) the position of an officer who, in reporting to the Commissioner, reports directly to a Commanding Officer.