Royal Canadian Mounted Police Act

Marginal note:Disposal of appeal against conduct board’s finding

• 45.16 (1) The Commissioner may dispose of an appeal in respect of a conduct board’s finding by

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

  • (b) allowing the appeal and either ordering a new hearing into the allegation giving rise to the finding or making the finding that, in the Commissioner’s opinion, the conduct board should have made.

• Marginal note:Disposal of appeal against conduct authority’s finding

  (2) The Commissioner may dispose of an appeal in respect of a conduct authority’s finding by

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

  • (b) allowing the appeal and making the finding that, in the Commissioner’s opinion, the conduct authority should have made.

• Marginal note:Disposal of appeal against conduct measure

  (3) The Commissioner may dispose of an appeal in respect of a conduct measure imposed by a conduct board or a conduct authority by

  • (a) dismissing the appeal and confirming the conduct measure; or

  • (b) allowing the appeal and either rescinding the conduct measure or, subject to subsection (4) or (5), imposing another conduct measure.

• Marginal note:Restriction

  (4) If the appeal is in respect of a conduct measure imposed by a conduct authority, the Commissioner may only impose under paragraph (3)(b) a conduct measure that is provided for in the rules.

• Marginal note:Clarification

  (5) If the appeal is in respect of a conduct measure imposed by a conduct board, the Commissioner may impose any conduct measure under paragraph (3)(b) that the conduct board could have imposed, including the power to recommend dismissal from the Force, if the member is a Deputy Commissioner, or dismissal from the Force, if the member is not a Deputy Commissioner.

• Marginal note:New hearing

  (6) If the Commissioner orders a new hearing into an allegation under subsection (1), a conduct 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.

• Marginal note:Decision

  (7) The Commissioner shall as soon as feasible render a decision in writing on an appeal, including reasons for the decision.

• Marginal note:Committee’s or Committee Chairperson’s report

  (8) If a case has been referred to the Committee under section 45.15, the Commissioner shall take into consideration the findings or recommendations set out in the report of the Committee or the Committee Chairperson in respect of the case, but the Commissioner is not bound to act on any findings or recommendations set out in the report. However, if the Commissioner does not so act, the Commissioner shall include in the decision on the appeal the reasons for not so acting.

• Marginal note:Commissioner’s decision final

  (9) A Commissioner’s decision on an appeal is final and binding.

• Marginal note:Rescission or amendment of decision

  (10) Despite subsection (9), the Commissioner may rescind or amend the Commissioner’s decision on an appeal under section 45.11 on the presentation to the Commissioner of new facts or if, 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.

• Marginal note:Delegation

  (11) The Commissioner may delegate any of the Commissioner’s powers, duties or functions under this section to any person under the Commissioner’s jurisdiction.

• Marginal note:Sub-delegation

  (12) A person to whom powers, duties or functions are delegated under subsection (11) may not sub-delegate any of them.